Haryana

Ambala

CC/176/2015

Parvinder Singh - Complainant(s)

Versus

Philips electronics India Ltd. - Opp.Party(s)

In Person

08 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM : AMBALA

                             Complaint Case No.           :         176 OF 2015

                             Date of Institution                :         26-06-2015

                             Date of Decision                  :         08.12.2015

Parvinder Singh son of Shri Devinder Singh resident of H.No. 1422/11, Badhshahi Bagh Colony, Ambala City, District Ambala.

:::::::Complainant.

                                      Versus

1.                 Philips Electronics India Limited,7 J.C.M.Road, Kolkata, W.B., India through its Director/ Proprietor/ Partner/ Authorised Signatory.

2.                 Shivani Electronics (Auth. Service centre of Philips Electonics), Shop NO. 1552/53, Maya Chowk, Opp. Aggarwal Mishthan Bhandar, Ambala Cantt, through its Manager/ Authorised Signatory.

3.                 Verma  Radio  Engineering (Auth. Philip Dealer/ Retailer) # 87-88, Behind Rai Market, Ambala Cantt through its proprietor/ partner/Authorized Signatory.

:::::::Respondents/O. Ps.

          Complaint Under Section 12 of the Consumer Protection Act.

CORAM:             SH.A.K.SARDANA, PRESIDENT

                             SH. PUSHPENDER KUMAR, MEMBER

Present:-             Complainant in person

                             OPs ex-parte.                  

                             O R D E R

1.          Brief facts of the present complaint are that the complainant purchased one Phillips shaver Model- AT610/14 bearing serial No.8710103636618 in the sum Rs.1800/- from OP no.3 vide bill No.4221 dated 18/10/2013  with a comprehensive warranty of 24 months. After some time, the said shaver stopped working and thus  complainant visited service centre of company i.e. OP no.2 for repair of said shaver. On examination of the device, the OP no 2 kept  the shaver for its replacement and handed over the job sheet as proof qua receipt thereof. Thereafter complainant visited repeatedly to OP No.2 but said shaver was not replaced by officials of OP No.2  and thus the complainant lodged two complaints on toll free no of OP no.1. First complaint was registered vide complaint No.502056385969 dated 17-6-2015, but no response and thus second complaint was made on 20-6-2015 vide No.502060038951 as reminder of first complaint but of no use. In this way, OPs No.1 & 2 neither replaced the shaver of the complainant during the warranty period nor returned the cost of shaver which is admittedly a deficiency in service on their part. As such having no alternative, complainant preferred the present complaint seeking relief as mentioned in the prayer para.

2.                Upon notice, all the OPs were duly served for 7-8-2015 through Regd. Post but they failed to appear before the forum inspite of service of notices and as such they were proceeded against ex-parte vide order dated 7-8-2015. 

3.                To prove his version, complainant tendered his affidavit as Annexure C -X alongwith documents as Annexures C-1 & C-2 and closed his evidence.

4.                We have heard the complainant and gone through the case file very carefully. The main grievance of the complainant is  that  he purchased  the shaver in question  vide bill No.4221 dated 18/10/2013 costing Rs.1,800/- with a comprehensive warranty of 24 months and after sometime, the shaver stopped working but the said problems could not be rectified by the OP No.2 despite many visits to the service centre of the OP company which is admittedly a deficiency in service on the part of the Ops.

5.                After hearing the complainant and going through the record, it is crystal clear from document Annexure C-2 that the Philip shaver in question was sold by OP No.3 to the complainant on 18-10-2013. It is also not disputed that the shaver is having a warranty of 24 months from the date of its purchase meaning thereby that the Ops were bound to replace shaver set during the period of warranty but they failed to replace the shaver as contended by the complainant. Whereas on the other hand, the contention of complaintant remained unrebutted as OPs did not bother to contest the matter despite their service and thus we have no option except to believe the version of the complainant.

                   So, from the facts discussed above, we have come to the conclusion that Philip shaver set sold to the complainant by the OPs was having inherent defect from its very beginning and the same could not be replaced by the OPs despite various visits of the complainant to their service centre at Ambala. Hence, it is a clear cut case of deficiency in service and unfair trade practice committed by OPs. Accordingly we accept the complaint and direct the OPs No.1 & 2 to comply with the following directions within thirty days from the communication of this order:-

                (i)         to pay Rs.1,800/- cost of the Philip shaver to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint i.e. 26.6.2015 to till  its  realization.

               (ii)         to pay  Rs. 1000/- as  compensation  for  harassment and mental pains

             (iii)           also to pay Rs.1000/- as costs of litigation.

Further the order/ directions issued above must be complied with by the OPs  No.1 & 2 within a stipulated period failing which all the awarded amounts shall further fetch simple interest @ 12% per annum for the period of default. A copy of this order be sent to all the parties free of cost. File be consigned to the record room after due compliance.

                                                                                                      

Announced:08.12. 2015                                                         Sd/-

                                                                                           ( A.K.SARDANA)

                                                                                                    PRESIDENT

                                                                                   

                                                                                             Sd/-                                                                            

                                                                                 ( PUSHPENDER KUMAR )

                                                                                                       MEMBER