Haryana

Karnal

CC/634/2021

Karamjeet Singh - Complainant(s)

Versus

Orient Electric - Opp.Party(s)

30 May 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 634 of 2021

                                                        Date of instt.16.11.2021

                                                        Date of Decision:30.05.2022

 

Karamjeet Singh aged about 54 years, son of Shri Harbans Singh, resident of 497-R, Model Town, Karnal, Aadhar no.5342 4051 9501.

 

                                               …….Complainant.

                                              Versus

 

Orient Electric, 240, first floor, Okhla Industrial Estate, Phase-III, New Delhi-20, through its Manager.

 

                                                                   …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary….Member

 

 Argued by: Complainant in person.

                   Opposite party exparte.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant purchased three ceiling fans (1400 MM Orient Jazz Metallic), vide invoice dated 29.11.2019 from Daga world LLP, shop no.19-225-B, Ground floor, near old tehsil, Karnal, for total amount of Rs.5720/-. The said fans were installed in the month of December, 2019 by the company’s technicians Mr. Sagar. After installing these fans, same were used for the first time in the month of April, 2020, but all the fans started to produce some strange sounds which were impossible to bear and were not working properly. It is submitted that in the month of April, 2020 when the Covid-19 Pandemic started to spread and Government imposed the lockdown, due to which only essential services were being served. So, complaint of the complainant was not registered and served. After getting some relaxations on lockdown provided by Government, a complaint was registered of these fans to the company. After registration of the complaint company’s technician Mr. Sagar visited and examined the fans. After examining the fans, Mr. Sagar executed some temporary solutions but all the fans creates same problems. Thereafter, complainant made many complaints to the OP but OP ignored the same and cancelled the complaint of the complainant without his consent by stating that problems in the fans has been solved but actually problem of fans remained the same. After that complainant continuously registered the complaint to the company and company’s technician Mr. Sagar changed the wings of these fans thrice but the problem remains as it is. Complainant requested the OP to replace all the defected fans because there is manufacturing defect in the said fans, but OP did not pay any heed to the request of complainant. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP did not appear and proceeded against exparte, vide order dated 18.04.2022 passed by this Commission.

3.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of tax invoice dated 29.11.2019 Ex.C1, copy of messages Ex.C2 (page 1 to 12) and closed the evidence on 27.05.2022 by suffering separate statement.

4.             We have heard the complainant and have gone through the record available on the file carefully.

5.             The case of the complainant is that he had purchased three ceiling fans from the OP Company. All the fans started to produce some strange sounds. Complainant made many complaints to OP in this regard. On the receipt of the complaint, one technician visited the house of the complainant and examined the fans. The technician of the OP company changed the wings of these fans thrice but the problem remains as it is. Thereafter, complainant requested the OP to replace all the defected fans because there is manufacturing defect in the said fans, but OP did not pay any heed to the request of complainant.

 6.            To prove his case, complainant has placed on record his affidavit Ex.CW1/A, copy of tax invoice dated 29.11.2019 Ex.C1, copy of messages Ex.C2. It is evident from the document/copy of messages Ex.C2, the defect in the ceiling fans has been arisen during warranty, but OP failed to rectify the same despite several complaints. To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same. It is the duty of the OP to rectify the defect of the ceiling fans in question during warranty period but OP failed to do so. Hence, the act of the OP amounts to deficiency in service and unfair trade practice.

8.             Complainant submits that now he has purchased new fans and he does not want to replace the same and wants to refund the total cost of the fans in question, alongwith litigation expenses, compensation in lieu of mental agony and harassment.

9.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to pay Rs.5720/- the cost of the ceiling fans in question to the complainant.  Complainant is also directed to return the old ceiling fans in question alongwith accessories to the OP. We further direct the OP to pay Rs.5,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. This order shall be complied with within 45 days from the date of receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:30.05.2022

                                                                       

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

 

(Vineet Kaushik)          (Dr. Rekha Chaudhary)  

                     Member                        Member