DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.139 of 15

                                           DATE OF INSTITUTION: - 04-05-2015

                                                     DATE OF ORDER: 01-04-2016

Smt. Saarika wife of Anil Kumar, resident of 130, Jagat Colony, Bhiwani.

            ……………Complainant.

VERSUS                

1. Samsung Worldwide Suites No. 101-103, 1^st Floor, Copia Corporate Suites, Plot No. 9, Jasola District Centre, New Delhi-110025.
2. Shri Nath Ji Enterprises, Radhika Complex, Hansi Road Bhiwani through its Proprietor.

………….. Opposite Parties.

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT

BEFORE: -    Shri Rajesh Jindal, President.

  Smt. Ansuya Bishnoi, Member.

Present:-   Sh. R.N. Rohilla, Advocate for the complainant.

       Sh. R.K. Verma, Advocate for OPs.

ORDER:-

Rajesh Jindal, President:

                    In brief, the grievance of the complainant is that on 12.05.2014 he had purchased one refrigerator for a sum of Rs. 19,000/- from OP no. 2.   It is alleged that after one month of purchase of refrigerator had developed the cracks.  It is submitted that he visited OP no. 2 to get replace the refrigerator but to no avail. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony and physical harassment. Hence, it amounts to deficiency in service on the part of opposite parties and as such he had to file the present complaint.

2.                 Opposite party no. 1 on appearance filed written statement alleging therein that the complainant has not come to the Forum with clean hands.  It is submitted that OP no. 1 is one of the renowned company in India and along with other products is engaging in business of manufacturing electronics and its sales.  It is submitted that till date, the answering defendant were not in a receipt of a single complaint from any of its customer who are using the mobile manufactured of the answering defendant of the same lot. It is submitted that the engineer of the company visited the complaint and thoroughly checked the unit and found that there was linear crack inside the body of the unit where trays are attached and it was told to the complainant that the linear crack happened to be mishandling, the complainant being adamant asking for the replacement and it was told to the complainant that the crack problem in the unit is due to mishandling on the part of complainant.   Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of OP no. 1 and complaint of the complainant is liable to be dismissed with costs.

3.                 In order to make out his case, the complainant has tendered into evidence Annexure C-1 alongwith supporting affidavit.

4.                 In reply thereto, the counsel for Op no. 1 has tendered into evidence Annexure R-1  alongwith supporting affidavit. 

5.                 We have gone through the record of the case carefully and have heard the learned counsel for the parties.

6.                 The counsel for the complainant reiterated the contents of his complaint.  He submitted that the linear of the refrigerator developed cracks only after one month of its purchase and the complainant made a complaint in this regard to the OP no. 2.

7.                The counsel for the Ops reiterated the contents of his reply filed by him on behalf of OP no. 1 only.  He submitted that on the complaint of the complainant the engineer of company visited and found that the linear of the refrigerator in question was having crack inside the refrigerator but it was due to mishandling by the complainant.

8.                 The contention of the complainant that the linear of his refrigerator in question developed cracks after one month of its purchase has not been disputed by the Ops.  The Ops have alleged that it is due to mishandling on the part of the complainant.  Generally nobody mishandles his goods.  The Ops could not bring any material on the file to show that this is not a manufacturing defect.  Keeping in view the facts and circumstances of the case, we partly allow the complaint of the complainant and direct the Ops to replace the refrigerator of the complainant with new one. This order be complied with by the Ops within 30 days from the date of passing of this order.  Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum

Dated:.01-04-2016.                                                      (Rajesh Jindal)

                                                                                       President,        

                                                                           District Consumer Disputes

                                                                           Redressal Forum, Bhiwani.

                    (Ansuya Bishnoi),

                          Member