BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Vikas Ghai s/o Sh. M. L. Ghai, Aged 41 years, resident of H.No.2637, Phase-7, Mohali, District S.A.S. Nagar (Mohali).

….…Complainant

                                      V E R S U S

1]       M/s Whirlpool of India Ltd., Whirlpool House, Plot No.40, Sector 44, Gurgaon, through its Director

2]       M/s Surindra Visions, SCO No.366, Sector 35-B, Chandigarh through its Proprietor.

3]       Incharge, Customer Care Centre, Whirlpool of India Limited, Plot No.78, Industrial Area, Phase-2, Chandigarh.

                                                ..…Opposite Parties

CORAM:     SH.JAGROOP SINGH MAHAL            PRESIDENT

                   DR.(MRS) MADHU BEHL                     MEMBER

                   SH.RAJINDER SINGH GILL                  MEMBER

Argued by:   Sh.Mohinder Kumar, Adv. for complainant.

Sh.Deepak Kumar Chugh, Dy. Service Manager/Representative . of OPs No.1 & 3.

Sh.Sandeep Bhardwaj, Avd. For OP No.2.

PER DR.(MRS) MADHU BEHL, MEMBER

The complainant purchased one double-door whirlpool refrigerator Model 340 Dix. Steel from OP No.2 for Rs.23,500/- on 26.10.2007 vide Ann.C-1 carrying one year comprehensive warranty and four years warranty of the compressor.  On 29.7.2009 the refrigerator suddenly stopped  working, so a complaint was lodged with OP No.3 –Customer Care Centre whereupon their engineer came and checked the refrigerator and replaced the compressor.  He has charged Rs.1500/- vide An.C-3 for replacement of the compressor inspite of the fact that the compressor was well within the warranty period.  However, the replaced compressor was also not working properly and was giving different kind of un usual sounds.  This was brought to the notice of OPs but nobody turned up to set the refrigerator right.  Ultimately, a notice was sent to OPs to refund the amount of Rs.1500/- wrongly charged for replacement of compressor even under warranty and to set right the replaced compressor at it was giving unusual sound, but to no avail.  Hence, this complaint asserting the above act of OPs as gross deficiency in service and unfair trade practice due to which the complainant had to suffer a lot.

2]                OPs No.1 & 3 filed reply and admitted the factual matrix.  It is also admitted that compressor was replaced.  However, it is stated that Rs.1500/- charged from the complainant was not for the replacement of compressor, but it was charged for other parts, which were not covered under the warranty i.e. Visiting charges, Replay/Olp/Drier, Compressor Tray and Transportation/Handling Charges as per Ann.R-1.  It is also stated that the repair work was carried out only after the oral approval of the complainant and giving job work estimate of Rs.1500/-.  It is denied that the refrigerator is not working properly or giving any unusual sounds.  Denying any deficiency in service on their part, the OPs No.1 & 3 prayed for dismissal of the complaint.

3]                The OP No.2 also filed reply and admitted the sale of the refrigerator.  It is admitted that complainant approached OP No.2 with regard to some problem in the functioning of his refrigerator.  The complainant was referred to approach Customer Care Centre of the manufacturer i.e. OP No.3, who was to attend such complaints.  No further complaint was made to OP No.2.  Rest of the allegations have been denied being related to OP No.1 & 3 only and it is prayed that complaint qua OP No.2 be dismissed.

4]                Parties led evidence in support of their contentions.

5]                We have heard the ld.Counsel for the complainant and OP No.2 and representative of OP No.1 & 3 and have also perused the record. 

6]                It is the contention of the complainant that he purchased one double-door whirlpool refrigerator, model 340 Dix. Steel from OP No.2 for Rs.23,500/- on 26.10.2007, which started giving problems after its purchase. Annexure C-1 shows that the said refrigerator was purchased on 26.10.2007. Annexure C-2 is the warranty certificate which shows that said refrigerator carried 1 year comprehensive warranty and a 4 year warranty on the compressor. Annexure C-3 is the job sheet which shows that the compressor of the said refrigerator was replaced on 30.07.2009 by the engineer of OP-1 and OP-3 for which Rs.1500/- had been charged from the complainant for its replacement, it being under warranty period. Even after replacement of the compressor it does not functional properly which fact was reported to the OP through telephone calls and personal visits by the complainant but nothing positive could come out. It is the grouse of the complainant that the defects are still persisting in the refrigerator and the OPs are not listening to his grievances.  He then served a legal notice Annexure C-4 on the OPs.

7]                In view of the above discussion, we are of the opinion that the complainant has proved his case by way of documentary evidence placed on record. Therefore as per the present facts and circumstances of the case, we accept the complaint and hold OPs deficient in rendering proper service to the complainant. Accordingly, we direct OPs to refund Rs.1500/- which were wrongly charged by OP-3(service centre of OP-2) for the replacement of the compressor vide Annexure C-3 and get the defect of the compressor rectified as stated by the complainant within 15 days from the date of receipt of the copy of this order and return it to the complainant after making it fully functional to the satisfaction of the complainant after necessary repairs without any charges being the compressor under warranty period.  If there is any other defect in the refrigerator other than that of the compressor, the complainant has to pay it on his own, according to the terms and conditions of the company. The OPs shall also pay to the complainant Rs.1100/- as costs of litigation. The aforesaid order shall be complied within 15 days from the date of receipt of the copy of this order failing which the OPs would be liable to pay the aforesaid amount alongwith penal interest @12% p.a. since filing of the present case i.e. 5.11.2009, till its realization.

                   Certified copies of this order be sent to the parties free of charge.  The file be consigned.