Haryana

Bhiwani

CC/131/2021

Kishor Kumar - Complainant(s)

Versus

Sagar Electronic - Opp.Party(s)

Ravi verma

27 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                     Consumer Complaint No. : 131 of 2021

                     Date of Institution             : 23.07.2021

                                                              Date of Decision               : 27.03.2024

 

Kishor Kumar (since deceased) through his L.Rs.

1A. Sushil Kumar

1B. Sunil Goyal, both sons of Kishor Kumar, residents of Modan Gali, Near Nand Ram Katla, Halu Bazar, Bhiwani, Tehsil and District Bhiwani.

 

          ……Complainants.

 

Versus

 

1. Sagar Electronics, Near Civil Lines Police Station, Old Bus Stand, Bhiwani, Tehsil and District Bhiwani, through its Proprietor.

 

2.  Director, Whirlpool Corporate, Office Plot No.40, Whirlpool, House, Sector-44, Gurugram, Haryana-122002.

….. Opposite Parties

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Satish Kumar, Advocate for complainant.

                    Sh. Balkishan, representative of OP No.1.

Sh. Rajeev Kaushik, Advocate for OP No.2.

(defence struck off vide order dated 25.07.2022).

 

ORDER

 

Shashi Kiran Panwar, Member.

 

1.                 Brief facts of the present complaint are that complainant purchased a refrigerator of Whirlpool company from OP No.1 on 30.03.2021 in a sum of Rs.12,000/-.  It is averred that the refrigerator was not making ice despite working for four hours whereas the OP assured that it will take 2 hours for the same. It is alleged that due to not properly working of the refrigerator, fruits and vegetables have spoiled and the refrigerator was giving some bad smell.  So, complainant approached the OP No.1 who suggested to contact with OP No.2 but could not be contacted on their toll free numbers. Hence, the present complaint has been preferred by complainant alleging mental and physical harassment besides monetary loss and thereby for issuance of directions to OPs to refund Rs.12,000/- alongwith interest. Further to pay Rs.1,50,000/- on account of mental and physical harassment besides monetary loss. Litigation costs and other charges, as Commission deems fit, has also been sought.

2.                 Upon notice, Ops appeared. OP No.1 filed its written statement raising preliminary objections qua maintainability of complaint, cause of action and suppression of material facts. On merits, it has been stated that the refrigerator was working properly and there was no problem qua making of ice by it. The OP has urged that the whole story put forth by complainant is concocted one and no technical defect was ever told by complainant. It is submitted that answering OP sold the refrigerator to the complainant in a perfect condition and if there is any technical defect, then manufacturing company is responsible for the same. In the end denied for any deficiency in service on its part and prayed for dismissal of complaint with costs.

3.                 Written statement on behalf of OP No.2 not filed despite availing sufficient opportunities. As such, defence of OP No.2 was struck off by the Court vide order dated 25.07.2022.

4.                 Learned counsel for complainant tendered in evidence documents Annexure C-1  and closed the evidence.

5.                 On the other side, OP No.1 made a statement that written statement already filed on its behalf may be read into evidence and closed the same.

6.                 No evidence tendered on behalf of OP No.2. Thus it was closed by court vide order dated 20.03.2024.

7.                 We have heard from both the contesting sides and perused record carefully.

8.                 From purchase bill (Annexure C-1), it is clear that complainant purchased the refrigerator in question in a sum of Rs.12,000/- from OP No.1 on 30.05.2021. It is not disputed by OPs that the refrigerator was within warranty period. As per averments of complainant, the refrigerator was having problems since its inception and when complainant did not find any solution to his grievance then he knock the door of this Commission through the present complaint filed on 23.07.2021 i.e. within a short period of two months from the date of its purchase.

9.                 After hearing and going through the record, it is observed that the refrigerator was having defect(s) which could not be rectified by the OPs. OP No.1 has pleaded that it has only sold the product in a perfect condition, however, if there is any technical defect in it, it will be removed by the OP No. 2 company. Further, the act of OPs amounts to deficiency in service resulting into monetary loss besides mental and physical harassment. Hence, the complaint is allowed and OP No.2- manufacturer is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.12,000/- (Rs.Twelve thousand) to the complainants, in equal shares, alongwith simple interest @ 9% per annum from the date of filing of this complaint till its realization subject to return of the old refrigerator.

(ii)      To pay a sum of Rs.3000/- (Three thousand) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.5000/- (Rs. Five thousand) as litigation expenses.

                    In case of default, the OP No.2 shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.    

Announced.

Dated:27.03.2024.