DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.446 of 2017

                                             Date of institution:  30.06.2017                                         Date of decision   :  10.01.2018

Malkiat Singh son of Dharam Singh, aged 65 years, resident of House No.526, Phase-6, Mohali.

…….Complainant

Vs

1.     R.K. Refrigeration, Booth No.78, Phase-6, Mohali through its Proprietor Shri Manjeet Singh.

2.     Shri Parminder Singh son of Shri Manjeet Singh, Proprietor, R.K. Refrigeration, Booth No.78, Phase-6, Mohali.

……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:   Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member.

                Mrs. Natasha Chopra, Member.

Present:    Complainant in person.

                OPs ex-parte

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant, owner of Samsung 265 litre refrigerator faced problem of stoppage of cooling therein in April, 2017, due to which he approached OPs for repair. OP No.2 after inspecting the refrigerator disclosed that compressor is not working and same needs replacement. Assurance was given as if there is no other defect in the refrigerator. One year warranty for the repair was given. Installation of new compressor alongwith re-filling of gas took place on 21.04.2017 after charging of Rs.5,000/- from complainant. Old compressor even was taken by OP No.2 with him. On calling for receipt of paid amount, OP No. 2 refused to issue the same but handed over visiting card only by mentioning about the works done and the amount charged. OPs refused to hand over warranty card. However, after great persuasion OP No.2 gave guarantee of one year by giving writing on plain paper duly signed by him. Cooling in the refrigerator again stopped within one month of repair and thereafter on contact to OPs, OP No.2 again visited residence of the complainant and after checking the refrigerator disclosed as if leakage of gas had taken place due to which re-filling of the same required, for which Rs.1,500/- will be charged. Complainant asked OPs as to how leakage had taken place when the new compressor had been installed in lieu of old one, but no reply given despite calls by complainant to OPs on 09.06.2017 and 10.06.2017. OP No.2 again visited residence of the complainant on 12.06.2017 and disclosed as if all the wires and fittings inside refrigerator are to be fitted outside due to which complainant will have to pay more charges of Rs.3,000/-. All these claims of payment made by OPs despite assurance/guarantee of one year of defect free service of new installed compressor and as such by pleading deficiency in service on the part of OPs, prayer made for directing OPs either to rectify the defects to the satisfaction of the complainant or to refund the charged amount of Rs.5,000/-. Compensation for mental harassment and agony of Rs.5,000/- and litigation expenses of Rs.5,000/- more claimed.

2.             OPs are ex-parte in this case.

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 and C-2 and thereafter closed evidence.

4.             Written arguments submitted by complainant. Oral arguments heard and records gone through.

5.             Photostat copy of visiting card of R.K. Refrigeration, as handed over by OP No.2 to complainant, is placed on record as Ex.C-1 for showing as if compressor, gas and labour charges were collected from complainant on 21.04.2017 by OP No.2. Manjit Singh is shown as Proprietor of R.K. Refrigeration in Ex.C-1 and name of Parminder Singh (OP No.2) also mentioned therein and as such this evidence available on record certainly establishes that contents of affidavit of complainant are correct that he availed services of installation of new compressor from OPs on payment of charges on 21.04.2017.

6.             Ex.C-2 is writing given by OP No.2 on 21.04.2017 which is regarding receipt of Rs.5,000/- by him from complainant in respect of work of installation of compressor. Guarantee of one year was provided through this writing  Ex.C-2 by claiming that gas even has been filled. Despite this guarantee of one year, complainant faced the same problem of stoppage of cooling and that is why he approached OPs on 09.06.2017 and 10.06.2017 resulting in visit of OP No.2 to the residence of complainant on 12.06.2017 but despite that defects not removed and as such certainly OPs rendered deficient service even after providing guarantee of one year of new installed compressor. In view of escaping of liability, though provided by terms of guarantee in not rectifying the defects within guarantee period, certainly OPs adopted unfair trade practice due to which complainant suffered mental agony and harassment. OPs have not appeared for contesting and as such complainant entitled to reasonable amount of compensation for mental harassment and agony alongwith litigation expenses only.

8.             As a sequel of above discussion, the complaint is allowed in terms that OPs will remove defects in the compressor including filling of gas (if required), free of costs within 30 days from the date of receipt of certified copy of the order. Compensation for mental agony and harassment of Rs.2,000/- and litigation expenses of Rs.2,000/- more allowed in favour of complainant and against  OPs.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties free of cost and thereafter the file be indexed and consigned to the record room.           

Announced

January 10, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                            (Amrinder Singh Sidhu)                                                                      Member

(Mrs. Natasha Chopra)

Member