Delhi

North East

CC/279/2016

SH. IRSHAD - Complainant(s)

Versus

OM ELECTRONICS & ELECTRONICS & SONS. - Opp.Party(s)

23 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 279/16

In the matter of:

 

	Shri Irshad S/o Ajmat R/o H.No. 144, Near Badi Masjid Tronica City, Badarpur, Loni, Ghaziabad, Uttar Pradesh 201102	Complainant
	Versus
1         2       3	M/s. Om Electronic & Electricals K7/35, Mahalaxmi Enclave, Near Wine Shop, Main Road, Karawal Nagar, Delhi 110094.   M/s. National Refrigeration U-48-B, Gali No. 5, Shiv Vihar, Near Indirapuri, Ghaziabad, Uttar Pradesh.   M/s. Voltas Limited A-13/6, Meerut Road, Industrial Area, Site No. 3,, Ghaziabad, Uttar Pradesh	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

08.11.2016 16.04.2018 23.04.2018

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

 

 

Order passed by Ms. Sonica Mehrotra, Member:-

ORDER

1. The case of the complainant is that he had purchased a Voltas Deep Freezer vide model no. 320 chest Freezer serial                                            no. 5210277P16E001871 from OP1 on 08.04.2016 for a sum of                           Rs. 19,500/- vide Bill no. 4347 and the above said Deep Freezer was under warranty of one year. It has been stated by the complainant that the said Deep Freezer started creating trouble / problem in cooling and used to create problems in compressor of Deep Freezer from the beginning and as such the Deep Freezer was not found working properly and the complainant had to lodge a complaint with authorized service centre i.e. OP2. The engineer of OP2 visited the residence of the complainant to repair the Deep Freezer on 23.04.2016, 03.06.2016, 07.06.2016 and lastly on 23.06.2016 vide retail invoice no. 868 call slip no. 16060-610349 and thereafter the complainant had to make complaint to the customer care of manufacturer - OP3 but no proper response was received for removing the difficulty in the said Deep Freezer as it was reported by employees of OP2 that there is some manufacturing defect with the said deep freezer. It has been further submitted by the complainant that he approached OP3 personally regarding his grievances but OP did not pay any heed and ultimately refused to repair the same. Therefore the complainant had to suffer from great mental pain, agony and harassment by the OPs who wanted to extort money by passing out the warranty period and as such the OPs are liable to pay the damage to the complainant for causing loss to his business without Deep Freezer. Accordingly vide the present complaint the complainant has prayed before this Forum that the OPs be directed to pay a sum of Rs. 19,500/- as the cost of Deep Freezer which was purchased by him from OP1 alongwith interest and Rs. 60,000/- as compensation for causing mental pain and agony to the complainant. In addition to above, the complainant has prayed before this Forum to pass an award of Rs. 21,000/- as litigation expenses in favour of the complainant against the OPs.

The complainant has attached a copy of retail invoice bill no. 4347 dated 08.04.2016 for an amount of Rs. 19,500/- towards the purchase of Voltas Deep Freezer from OP1 and copy of service reports dated 23.04.2016, 03.06.2016, 07.06.2016 and 23.06.2016 towards the repair.

2. Notice u/s 13 of CPA was issued on 10.11.2016 for appearance of OPs on 09.12.2016. Since, none of the OPs appeared before this Forum, they were proceeded against ex parte.
3. Ex parte evidence by way of affidavit and written arguments were filed by the complainant wherein he reiterated his grievance made in his complaint. The complainant prayed that since the OPs have no intention to honour their commitments and have failed to give the complainant adequate and good services, this Forum may kindly pass appropriate orders so that the complainant may not suffer any further hardship.
4.  We have heard the oral arguments on behalf of complainant and have also gone through the documentary evidence submitted by him. In the absence of any rebuttal by the OPs and on perusal of service reports placed on record by the complainant, it is evident that the deep freezer in question started giving problems soon after its purchase in the very same month and required frequent repairing after which no support or repair work was undertaken any of the OPs with respect thereto. We therefore, opine that   the complainant has succeeded in establishing his complaint that there is a deficiency in service on the part of OPs for which they are liable jointly and severally. We understand that the Deep Freezer purchased by complainant was not repaired to the satisfaction of the complainant despite four service reports placed on record. It is obvious that the deep freezer suffered from inherent manufacturing defects which was not repaired / removed by OP2 and OP3. Keeping in view the above, we direct all the OP2 jointly and severally liable to pay an amount of Rs. 19,500/- towards the cost of deep freezer alongwith Rs. 5,000/- as compensation for mental pain and agony and Rs. 2,000/- towards litigation expenses within 30 days from the date of receipt of this order, failing which all OPs shall be liable jointly and severally to pay interest @9% on the total awarded amount i.e. Rs. 26,500/- from the date of institution of this case till the realization.
5. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6.   File be consigned to record room.
7.   Announced on  23.04.2018.

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member