DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALWAL
Consumer Complaint No. 127 of 2014
Date of Institution: 10.10.2014
Date of Decision : 10.03.2015
Ravinder Singh Chauhan son of Bhim, resident of Sheikhpura, Palwal, Tehsil & District Palwal.
.. Complainant
Versus
1. Rama Sales Corporation, Old G.T.Road, Palwal, Tehsil & District Palwal, through its Prop.
2. Superior Technology Private Limited, B-282, Okhla Industrial Area, Phase-1, New Delhi-110020 through its authorized person.
..Opposite Party/respondent.
COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT
BEFORE: JAGBIR SINGH: PRESIDENT
KHUSHWINDER KAUR: MEMBER
R. S. DHARIWAL: MEMBER
PRESENT: Sh. Rakesh Bhardwaj, Adv. for complainant.
Opposite parties no. 1 and 2 exparte.
ORDER:
In brief the facts agitated in the complaint are as under:-
The complainant purchased an Air Conditioner HITACHI with Voltage Stabilizer Logistic Company from opposite party no. 1 and paid Rs.27,500/- as the cost of Air Conditioner on 6.6.2013 with a warranty of two years.
After purchase the Voltage Stabilizer of AC cropped up some technical problem and complainant visited the shop of opposite party no. 1 who instructed him to call at Toll free no. of opposite party no. 2 for
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getting the complaint registered, which complainant did accordingly and complaint got registered on Toll free no. of opposite party no. 2 and as a result of which the mechanic from the company ( opposite party no.2) visited the house of the complainant. He examined the Voltage Stablizer in question and told that the Stabilizer has damaged and needs to be changed.
Accordingly the complainant requested the opposite party no. 1 either to repair the Voltage Stabilizer or to replace it and for this purpose the complainant visited a number of times to opposite party no. 1 but al in vain. Opposite party no.1 finally refused either to repair or replace the Voltage Stabilizer though it was under warranty period. As per the allegations of the complainant as the faulty Voltage Stabilizer neither repaired nor replaced and due to this act the complainant suffered mentally, physically and financially. On 19.9.2014 a legal notice was also served to the opposite parties, not to talk of repair or replace the faulty Voltage Stabilizer the opposite parties even did not bother to reply the legal notice alleged to have been sent by the complainant. Hence this complaint. In this complainant has prayed to this Forum for direction to the opposite parties to either replace or repair the faulty Voltage Stabilizer of the complainant and in case he fails to do so he may be directed to pay the cost of Voltage Stabilizer and in addition to it the complainant have further asked for compensation to the tune of Rs.15,000/- on account of mental agony and harassment and further Rs.22000/- as litigation expenses from the opposite parties and other relief which this Hon’ble Forum deems proper and fit.
Upon registration of the complaint notices were issued to the opposite parties. Opposite parties no. 1 and 2 did not appear and they were proceeded exparte on 24.11.2014
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To substantiate his case the complainant examined himself in the form witness by filing affidavit which is Ex.CW1/A and in addition to it he has also filed certain other related documents in which he is relying upon, they are Ex.C-1 to Ex.C-3. Ex.C-1 is the invoice/bill issued by opposite party no. 1 depicting the cost of the HITACHI Air Conditioner of 1.5 Ton Window and the cost of the HITACHI AC is shown as Rs.27,500/- and the bill is dated 6.6.2013. Ex.C-2 is the document showing limited guarantee. Ex.C-3 is the legal notice issued to the opposite parties on 19.9.2014 though it was sent through registered cover with AD but neither the postal receipt or the acknowledgment due is placed on the file and there is no document to prove that legal notice dated 19.9.2014 have ever sent to the opposite parties.
It is crystal clear from the documents placed on file and oral arguments raised by the Ld. Counsel of the complainant that complainant purchased an AC of HITACHI company from opposite party no.1 and paid a cost of Rs.27500/- with a warranty of two years which is alleged to have been given by the opposite party no. 1 to the complainant. Ex.C-1 is a document which proves the purchase of AC in question from opposite party no. 1 on 6.6.2013 by paying the amount to the tune of Rs.27,500/-. But there is no record on file that the Stabilizer or the cost of Stabilizer was included in the invoice/bill and even a single word is not mentioned about Stabilizer in the invoice/bill. Further the complainant has not placed any document which shows that stabilizer cropped up some technical problem and there is no proof that complainant visited the shop of opposite party no. 1 and opposite parties failed to provide him the needy and required services. Further the complainant have also failed that he was advised by opposite party no. 2 to lodge his complaint on Toll free of opposite party no. 2 as there
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is no document regarding the complaint in question on file. The complainant further failed to prove that the allegation that some mechanic of the company ( opposite party no.2) visited his house and told the complainant that Voltage Stabilizer has damaged and need to be changed. Further even the legal notice issued to the opposite parties is not proved as there is no postal receipt is attached though the legal notice is alleged to have been sent through registered post with AD. Invoice Ex.C-1 is showing the AC of HITACHI company purchased from opposite party no. 1 but the word Voltage Stabilizer is not mentioned anywhere in the invoice/bill. Neither it is proved that the cost of Voltage Stabilizer of Logistic Company is included in the invoice/bill. Though the opposite parties did not bother to refute the charges levelled against them even then the onus of proving the allegations levelled against the opposite parties is on the complainant. He cannot take the benefit of the weakness of the opposite parties as per law.
The complainant have failed in toto to prove the technical problem cropped up in the Voltage Stabilizer, the visit to opposite party no. 1 for getting the problem rectified and in turn opposite party no. 1 advised to get the complaint registered on Toll free no. with opposite party no. 2. Further there is no record that the mechanic regarding which there is mention in the complaint have ever visited the house of the complainant and so the question of providing the complainant with sufficient and needy services of the opposite parties does not arise when the complainant have failed to prove his allegations on all counts. He has failed to prove even if any technical fault developed in the Voltage Stabilizer.
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Resultantly this Forum is of the considered view that the complaint of the complainant is devoid of any merit and is hereby dismissed as the complainant is not able to prove the allegations against the opposite parties and substantiate his complaint. Parties are left to bear their own costs. Copy of this order be given to the parties free of costs and file be consigned to the record room. This order of the Forum is running into 5 pages and each page of this order has been signed by this Forum.
Announced on:10.03.2015 (JAGBIR SINGH)
President
District Consumer Disputes Redressal Forum, Palwal.
(KHUSHWINDER KAUR)
Member
District Consumer Disputes Redressal Forum, Palwal.
(R. S. DHARIWAL)
Member
District Consumer Disputes Redressal Forum, Palwal.
