BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:205 of 2013
Date of Institution: 10.04.2014
Date of Decision:03.01.2017
Veerbhan aged 49 years son of Shri Atam Parkash, resident of village Chang, Tehsil & District Bhiwani.
….Complainant.
Versus
- M/s Vikrant Electronics Company, Nehru Park K Samne, Tehsil & District Bhiwani through its Proprietor.
- Voltas Limited UPBG A-43, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110044 through MD.
…...Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member.
Present:- Sh. K.K. Bhatia, Advocate for complainant.
Sh. Ramesh Kumar, Proprietor of OP no. 1.
None for OP no. 2.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that he had purchased one Deep Freezer of Voltas Company amounting to Rs. 25,500/-. It is alleged that he visited several times to the Ops to get rectify the defects in his Deep Freezer but the Ops did not rectify the defects of the Deep Freezer. It is alleged that due to the fault in the compressor the Deep Freezer was not giving the proper cooling. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony and physical harassment. Hence, it amounts to deficiency in service on the part of opposite parties and as such, he had to file the present complaint for seeking compensation.
2. On appearance, the OP no. 1 filed written statement alleging therein that the complainant has purchased the Deep-Freezer for commercial purpose and as such he does not come within the ambit of consumer as defined in Section 2 (1) (d) of the Consumer Protection Act. It is submitted that there has been no complaint of Voltas Deep-Freezer regarding any manufacturing or substandard quality in the market. It is submitted that the complainant refused to get Deep-Freezer checked at the authorized service centre of the company, rather insist to inspect the Deep Freezer at his shop. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite party no. 1 and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the complainant has tendered into evidence documents Annexure C-1 & Annexure C-2.
4. We have gone through the record of the case carefully and have heard the learned counsel for complainant and representative of OP no. 1.
5. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the complainant visited several times to the Ops to get rectify the defects in his Deep Freezer but the Ops did not rectify the defects of the Deep Freezer. He further submitted that due to the fault in the compressor the Deep Freezer was not giving the proper cooling.
6. The representative of OP no. 1 reiterated the contents of the reply. He submitted that on the receipt of the complaint from the complainant regarding the insufficient cooling of the Deep Freezer the complainant was advised to contact the approved service centre of the company M/s Wadhwa Refrigeration, Krishna Colony, Bhiwani. He further submitted that he is only the seller of the Deep Freezer and the OP no. 2 is responsible for the warranty of the Deep Freezer. There is no deficiency in service on the part of OP no. 2.
For proper adjudication of the matter we called the incharge of the service centre of the company M/s Wadhwa Refrigeration, Krishna Colony, Bhiwani. He appeared on 02.01.2017 and submitted that on the receipt of the complaint from the complainant a mechanic was deputed to the shop of the complainant but the complainant refused to get rectify the alleged defect in the Deep Freezer.
7. Admittedly, the complainant lodged his complaint within the warranty period of the Deep Freezer. Considering the facts and circumstances of the case, we partly allow the complaint of the complainant and direct the Ops to get rectify the defect in the Deep Freezer by replacing the defective compressor with new one. The Ops are also directed to pay Rs. 1,000/- to the complainant. The complainant is directed to approach the authorized service centre of the company to get rectify the defect of his Deep Freezer for the compliance of this order within 30 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 03.01.2017.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta)
Member
