Haryana

Kaithal

140/21

Nikhil Bansal - Complainant(s)

Versus

S.K Electronics - Opp.Party(s)

Sh.Hem Raj Wadhwa

06 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL

 

                                                               Complaint Case No. 140 of 2021.

                                                               Date of institution:   15.06.2021.

                                                               Date of decision:      06.12.2023.

 

Nikhil Bansal s/o Shri Rajinder Bansal, r/o H.No.1548, Sector-21, HUDA, Kaithal.

                                                                                      …Complainant.

                                                       Versus

 

1. S.K. Electronics, Gurunanak Market, near Railway Gate, Kaithal, now near Khatu Shyam Mandir, Kaithal, through its Prop./Partner.
2. Service Partner CARE WORLD, C-140, near Gulmohar Restaurant, Rajajipuram, Lucknow, through its Prop./Partner.
3. Guru Electronic Works, Authorized Service Centre, Defence Colony, Gali No.9, Karnal Road, Kaithal, through its Prop./Partner.
4. Whirlpool of India Limited, Corporate Office Plot No.40, Sector-44, Gurgaon, through its Director.

...Opposite Parties.

 

          Complaint under Section 35 of the Consumer Protection Act

 

 

CORAM:   SMT. NEELAM KASHYAP, PRESIDENT.

                   SMT. SUMAN RANA, MEMBER.

                   SHRI SUNIL MOHAN TRIKHA, MEMBER.

                  

Present:       Shri Hem Raj Wadhwa, Advocate, for the complainant.   

                   Shri Gaurav Sharma, Advocate for Opposite Party No.4.

                   Opposite Parties No.1 to 3 ex-parte.

                  

ORDER  -  NEELAM KASHYAP, PRESIDENT

        Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the OPs.

2.                In nutshell, the facts of present case are that the complainant purchased a refrigerator of Whirlpool Model 20723 by paying Rs.49000/- with 9 + 1 year warranty, vide invoice No.843 dated 02.10.2018. After few days of its purchase, the said refrigerator has been giving loudly buzzing sound continuously in compressor and its compressor became defective likely to be blast at any time and was not giving cooling due power fluctuation in it. In this regard, he approached to OP No.2 i.e. the then care centre on 28.11.2018, who issued job sheet. That on 15.04.2021, the refrigerator stopped to work and he made complaint on toll free No.1800 208-1800 vide complaint No.FAR 15042112688 and employee of OP No.3 came at his premises and checked the refrigerator and replaced some parts by taking Rs.1650/- vide receipt No.947 dated 17.4.2021. The said refrigerator again became defective and he made complaint on toll free No.1800 208 1800 on 17.04.2021 vide complaint No.FAR 17042142466 and again employee of OP No.3 visited his premises, who changed its PCB by charging Rs.1670/- vide receipt No.948 dated 22.04.2021. Due to continuous puzzling sound, he made again complaint on 29.04.2021 vide complaint No.FAR 29042198680, but no response was given by OPs, then on 30.04.2021, he again lodged complaint on toll free No.1800 208 1800 vide complaint No.FAR 11052102763, but all in vain. In the month of May 2021, Dheeraj Popli, Head of company, Faridabad made telephonic call to him through mobile No.92151-00124 and told that company will replace the refrigerator after deposit of 20% amount of the same. He requested the OPs various times to change the defective refrigerator, but on 30.05.2021, OP No.1 flatly refused to change the same. The above act and conduct of OPs, amounts to gross deficiency in service, due to which, he suffered huge physical harassment, mental agony as well as financial loss, constraining him, to file the present complaint, against the OPs, before this Commission.

3.             Upon notice of complaint, OP No.4 appeared before this Commission and filed written statement, whereas, OPs No.1 to 3 did not appear before this Commission and proceeded against ex-parte.

4.                OP No.4, in its written statement denying all the averments made in the complaint by the complainant for want of record.

5.                To prove the case, complainant tendered into evidence affidavit Ex.CW1 alongwith documents Annexure-C1 to Annexure-C8.

6.                On the other hand, OP No.4 failed to lead any evidence despite availing various sufficient opportunities, as such, evidence of OP No.4 has been closed by the order of this Commission on 08.11.2023.

7.                We have heard the learned counsel for the parties and perused the record carefully.

8.                Learned counsel for the complainant has argued that the complainant purchased a refrigerator of Whirlpool Model 20723 by paying Rs.49000/- vide invoice No.843 dated 02.10.2018. He further argued that after few days of its purchase, the said refrigerator has been giving loudly buzzing sound continuously in compressor and was not giving cooling due power fluctuation in it and in this regard, the complainant approached to OP No.2 i.e. the then care centre on 28.11.2018, who issued job sheet. On 15.04.2021, the refrigerator stopped to work and in this regard, the complainant made complaint on toll free No.1800 208-1800 vide complaint No.FAR 15042112688 and employee of OP No.3 came at his premises and replaced some parts by taking Rs.1650/- vide receipt No.947 dated 17.4.2021. He further argued that the said refrigerator again became defective and the complainant made complaint on toll free No.1800 208 1800 on 17.04.2021 vide complaint No.FAR 17042142466 and again employee of OP No.3 visited his premises, who changed its PCB by charging Rs.1670/- vide receipt No.948 dated 22.04.2021. Due to continuous puzzling sound, the complainant made again various complaints on various dates i.e. complaint No.FAR 29042198680 on 29.04.2021; FAR 11052102763 dated 30.04.2021, but all in vain. In the month of May 2021, Dheeraj Popli, Head of company, Faridabad made telephonic call to the complainant through mobile No.92151-00124 and told that company will replace the refrigerator after deposit of 20% amount of the same, but of not use. The complainant requested the OPs various times to change the defective refrigerator, but all in vain. The above act and conduct of OPs, amounts to gross deficiency in service on the part of OPs

9.                On the other hand, learned counsel for OP No.4 has argued that there is no deficiency in service on the part of OP No.4 and prayed for dismissal the present complaint.

10.              Admittedly, on 02.10.2018, the complainant had purchased the Refrigerator in question, from OP No.1, for Rs.49,000/-, vide Tax Invoice Annexure C-1.

11.              Learned counsel for the complainant has firstly argued that after few days of purchase of said refrigerator, it has been giving loudly buzzing sound continuously in compressor and the refrigerator was not giving cooling, due power fluctuation in it and in this regard, the complainant approached to OP No.2 on 28.11.2018, who issued job sheet. The complainant produced the said job sheet dated 28.11.2018 on the case file as Annexure C-2.

12.              He further argued that on 15.04.2021, the said refrigerator stopped to work and the complainant made complaint on toll free No.1800 208-1800 vide complaint No.FAR15042112688 (1^st complaint on Annexure C-4), upon which, employee of OP No.3 came at his premises and checked the refrigerator and replaced some parts by taking Rs.1650/- vide receipt No.947 dated 17.04.2021. The complainant produced the said receipt dated 17.04.2021, on the case file as Annexure C-5.

13.              Learned counsel for the complainant further argued that the said refrigerator again became defective and the complainant made complaint on 17.04.2021 vide complaint No.FAR17042142466 (2^nd complaint on Annexure C-4) and again employee of OP No.3 visited his premises, who changed its PCB by charging Rs.1670/-, vide receipt No.948 dated 22.04.2021. The complainant produced the said receipt dated 22.04.2021, on the case file as Annexure C-7.

14.              He further argued that due to continuous puzzling sound, the complainant again made various complaints on various dates with the OPs on toll free No.1800 208 1800 vide complaint Nos. FAR29042198680 on 29.04.2021; FAR30042117140 on 30.04.2021 and FAR11052102763 on 11.05.2021 Annexure C-6, but all in vain.

15.              He further argued that in the month of May 2021, one Dheeraj Popli, Head of company, Faridabad made a telephonic call to the complainant and told that company will replace the refrigerator after deposit of 20% amount of the same, but till today, they did not replace the refrigerator in question.

16.              During the pendency of the present complaint, complainant moved an application u/s 38 (2)(c) of Consumer Protection Act to obtain proper analysis report from expert in the fridge Whirlpool, which was allowed, vide order dated 25.08.2022, as such, Principal, ITI, Kaithal was directed to appoint some expert/mechanic to check the Refrigerator in question, upon which, one Anil Kumar, R&AC Tech. Instructor, ITI Kaithal checked the Refrigerator in question, in the presence of both the parties and submitted its report on 13.09.2022 as Annexure C-8, on the case file. The observation, made by said expert, in report Annexure C-8, reads as under:-

1. Refrigerator is not working properly.
2. Cooling effect in the cabinet was minimum.
3. Compressor of the product was not working as per standard, the ampere is 0.3 (normal value is 0.6) & it is making abnormal noise after overheating which is not repairable.
4. Gas pressure is low.
5. Motherboard making beep noise which means it is malfunctioning.
6. Cooling effect inside the cabinet is very minimum.

The working of the above mentioned product was found not ok for use due to above mentioned reasons.

 

17.                  So, in the above Inspection/Observation Report Annexure C-8, in last para, the said expert has specifically mentioned that “product was not found ok for use”, meaning thereby, the OPs had sold defective Refrigerator to the complainant,

due to which, it was not working properly, from the very beginning, and the OPs neither replaced the same nor refund its cost price, to the complainant, due to which, the complainant has suffered huge physical harassment and mental agony and ultimately, left with no other option except to knock the door of this Commission, by way of filing the complaint in hand. Moreover, the complainant had purchased the refrigerator in question on 02.10.2018 with 9+1 year warranty, but the OPs had charged Rs.1650/- and Rs.1670/-, for repair of said refrigerator, from the complainant, during the warranty period, so the above act and conduct of OPs, not only amounts to gross deficiency in service on their part, but also amounts to unfair trade practice, for which, the OPs, not only liable to refund the cost price of refrigerator in question amounting to Rs.49,000/-, to the complainant, but also liable to pay the compensation amount with litigation expenses, to the complainant.

18.              In view of our above discussion, we accept the present complaint and direct the OPs to refund the cost price of Refrigerator in question, amounting to Rs.49,000/- (subject matter of Tax Invoice Annexure C-1), to the complainant along with compensation amount of Rs.5000/- + litigation expenses of Rs.5000/-, within a period of 45 days, from the date of preparation of certified copy of this order, failing which, the award amount shall carry the interest @6% simple per annum, from the date of this order, till its actual realization.

19.              In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of Court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the records, after due compliance.     

Announced in open Commission:

Dt.:06.12.2023.

                                                                                       (Neelam Kashyap)

                                                                                       President.

 

(Sunil Mohan Trikha).             (Suman Rana).              

Member.                                  Member.

 

 

 

 

 

 

Typed by: Sham Kalra, Stenographer.