Haryana

Ambala

CC/8/2013

SUSHMA DEVI W/O SH DHEERAJ - Complainant(s)

Versus

RAJA TV AND ELECTIRICALS, - Opp.Party(s)

MS. POONAM SINGH

19 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no. : 08 of 2013

                                                          Date of Institution         : 07.01.2013        

                                                          Date of decision   : 19.12.2016

          Smt. Sushma Devi W/o Sh. Dheeraj R/o Near Bhagyashali Press, Thanser,        District Kurukshetra 

                                                           ……. Complainant.

1.       Raja RV & Electricals, Bank road, Barara Distt. AmbaLA Through its    proprietor

2.       Life’s Good (LG) Plot NO. 51, Surajpur Kasna RD Udyog Vihar, Greater         Noida-201306 (UP) through its Managing Director

 ….…. Respondent.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

 

Present:       Mrs. Poonam Singh, counsel for the compliant.

                   Sh. Rajeev Sachgdeva, counsel for the Ops.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased a refrigerator model no. GL 185/2011, (Direct5 Cooling) to make LG of Rs. 8200/- on 07.02.2011 vide Bill/Invoice no. 1881 from OP no. 1 which was having 1 years warranty. Further submitted that at very beginning, refrigerator suffered from some manufacturing defect as water from the freezer started dropping but neither the said refrigerator was repaired nor replaced by the respondents. Further submitted that the refrigerator was purchased by the complainant to take with her in her marriage but due to said defect the reputation of her parents in ruined in the eyes of her in laws. Further submitted that Ops are unable to rectify the manufacture defect of the refrigerator. Hence, the present complaint.

2                 Upon notice, Ops appeared and filed written statement submitting that the complainant purchased the refrigerator in question on dated 07.02.2011 but is is pertinent to mention here that the refrigerator of the complainant has become out of warranty as the same carried only one year warranty. Further submitted that this Forum has got no jurisdiction to try, entertain and decide the present complaint as the refrigerator  has been used at Kurukshetra and the services have been provided by the answering OP at Kurukshetra. Further submitted that the complainant had been supplied with a defect free new refrigerator and the complainant had been using the same as per her usage and wish and the complainant has put forward a concocted story in order to extract money illegally from the Ops. Hence, the complaint is liable to be dismissed.

3                 To prove his version complainant tendered his affidavit as Annexure CX along with documents as annexure C-1 to C-5 and close their evidence.  On the other hand Ops tendered his affidavit as Annexure R-X alongwith documents as Annexure R-1 to R-4 and close their evidence.

4.                We have heard learned counsels for the parties and carefully gone through the case file. It is admitted fact on record that the complainant had purchased a refrigerator from OP no. 1 on 07.02.2011 vide Annexure C-1 having warranty of one year.  The refrigerator created problems of water dripping and the same was checked and repaired many a times by OP service centre vide Annexures R-1 to R-4 but the problems could not be rectified by the Ops to the satisfaction of complainant.  Complainant to support his case has tendered his affidavit qua the defects of the refrigerator and deficiency in service on the part of Ops in not rectifying the defects and because of which complainant has to suffer spoiling of vegetables, milk and other daily use items.

                   In view of the above discussion, we have come to the conclusion that  Ops despite repeated repairs of the refrigerator has failed to remove the defects, as such it is a crystal clear case of deficiency in service on the part of Ops. Accordingly, the complaint is allowed with costs and Ops are directed to comply with the following directions within thirty days from receipt of copy of the order:-

1. To repair the refrigerator in question in proper working condition without taking any charge from the complainant. However, complainant is directed to deposit the refrigerator to the OP                 No. 1 within a week on receipt of copy of the order.
2. Also to pay a sum of Rs.2200/- on account of mental harassment & agony alongwith cost of litigation.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :19.12.2016                                                                     Sd/-

                                                                                          (D.N. ARORA)

                                                                                                President

 

                     Sd/-

          (PUSHPENDER KUMAR)

                                                                                                 Member