Chandigarh

DF-II

CC/238/2024

SANDEEP SINGH THAKUR - Complainant(s)

Versus

SAMSUNG - Opp.Party(s)

08 Oct 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	238 of 2024
Date  of  Institution	:	22.05.2024
Date   of   Decision	:	08.10.2024

 

 

 

 

Sandeep Singh Thakur, 45 years old, s/o Late Surinder Singh, resident of H.No.HE.211 , Phase 1, S.A.S. Nagar, Mohali, Punjab, Pin Code 160055.

Aadhar No. 6560 9789 6955

Contact Number 9855152211.

             … … … Complainant

 

Versus

1.  Samsung, Registered Office 6^th Floor, DLF Centre, Sansad Marg, New Delhi, Pin 110001 through its Manager.

2.  Samsung Chandigarh Office: Quite Office No.8, Sector 40-B, Chandigarh, Pin 160036 through its Manager.

3.  DEE KAY VISION, SCO 374, Sector 35-B, Chandigarh 160036, through its Manager.

   … … … Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.SURESH KUMAR SARDANA,       MEMBER

                               

Argued by:    Complainant in person.

Sh.Devinder Kumar, Counsel for OP No.1 & 2.

None for OP No.3.

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that he purchased refrigerator make Samsung from OP No.1 in collaboration with OP No.2 on 30.05.2017 by paying an amount of Rs.75,500/- against bill Annexure C-1. It is submitted that the said refrigerator started giving problem since the very beginning. The first complaint was lodged on 15.11.2021 when refrigerator suddenly stopped working. Some spare parts were replaced by OP No.1 and complainant paid Rs.3500/- for spare parts as well as visiting charges of executive of OP No.1. On 01.01.2022, again complainant filed a complaint with OP No.1 Customer Care as refrigerator stopped working. The Executive of OP No.1 did not find out the defect, but he got it repaired on temporary basis and took Rs.4000/- as repair charges as well as visiting charges. The executive also noticed that the paint from certain areas of the unit has begun to peel off. On 16.01.2024, complainant again lodged a complaint and engineer from service centre came and checked out refrigerator and found unit is non repairable.

    It is submitted that in spite of requesting number of times on e-mails as well as on phone calls, one Mr.Ashutosh Kumar Nigam of OP No.1 company refused to replace the unit & offered a coupon amount of Rs.16,000/- but complainant refused by saying that it is manufacturing defect. OP No.1 raised the amount to Rs.22,000/-and after few days communication, OP No.1 raised the amount to Rs.26,425/-. It is submitted that aforesaid act of the OPs implies that they have sold the refrigerator with manufacturing defect. Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OPs with a prayer to direct the OPs to replace the faulty refrigerator and pay compensation for mental agony and harassment.

2]       OP No.1 & 2 have filed joint written version and stated that refrigerator worked properly till 1^st complaint lodged by the complainant in the year 2022 i.e. almost 5 years from the purchase i.e. 30.05.2017 so there is no manufacturing defect in the refrigerator in question. Further, complainant has miserably failed to prove the alleged manufacturing/ technical fault neither placed on record any analysis test report.

    It is stated that complainant approached the company on 01.01.2022 and reported No Cooling problem in the unit. The engineer of the company visited the premises of complainant and checked the unit was out of one year comprehensive warranty and for the repair of the unit, estimate was provided to the complainant but the same was not approved by the complainant and complainant refused to get the unit repaired so the complaint got closed. It is stated that the complainant again approached to company on 16.01.2024 and on checking, it was found that there is an Internal Gas Leakage Issue in the unit but complainant did not allow the engineer to take the unit to workshop for checking and repair. It is stated that it is a fact that during the span of time, the usability and novelty of a product goes down after use of product for a long time of more than five years. It is further stated that OP company provides 12 months standard warranty for the unit and the warrant means only repair and not replacement or refund and also the warranty for the unit is subject to some condition and one of the condition is that if any unforeseen circumstances appears wherein the repair of the unit is not possible due to internal leakage or any such unavoidable circumstances being repair not possible, the company’s prevailing depreciation rules will be binding on the purchaser as a commercial solution in lieu of repair. It is further stated that unit of the complainant cannot be repaired due to above said reason and as per the policy of the OP company, depreciated refund/commercial solution has been duly provided to the complainant by way of refund coupons worth Rs.26,425/- (depreciated invoice amount unit being seven years old), but the complainant refused to accept the genuine request of the OP company. Denying any deficiency in service or unfair trade practice as well as all other allegations, the OP No.1 & 2 have prayed for dismissal of the complaint. 

3]        OP No.3 has not come present despite of the service of the notice.

4]       Parties led evidence in support of their contention.

5]       We have heard the complainant & learned counsel for the OP No.1 & 2 and have gone through entire documents on record.

6]       The Miscellaneous Application No.340 of 2024, filed on behalf of complainant for providing of alternate refrigerator during the pendency of the complaint, already stood disposed of vide interim order dated 09.08.2024 with the directions to OPs to provide alternative refrigerator to the complainant within 20 days from the date of order so that complainant and his family may not suffer further till the disposal of this complaint.

         However, OPs instead of compliance of this interim order filed Miscellaneous Application No.8 of 2024 for review/recalling the interim order dated 09.08.2024 with an opportunity to them to file reply to the Miscellaneous Application No.340 of 2024 dated 09.08.2024. Once, the Miscellaneous Application No.340 of 2024 has already been disposed off so the present application becomes infructuous and the same is dismissed.  

7]       It is observed from the record that OP No.1 & 2 have stated that one of the condition is that if any unforeseen circumstances appears wherein the repair of the unit is not possible due to internal leakage or any such unavoidable circumstances being repair not possible, the Company’s prevailing depreciation rules will be binding upon the purchaser as a commercial solution in lieu of repair. Further, the OP No.1 & 2 have stated in their written version that unit of the complainant cannot be repaired due to above said reason and as per policy of the OP company, depreciated refund/commercial solution has been duly provided to the complainant by way of refund of coupons worth Rs.26,425/-, deprecated invoice amount unit being seven years old, but the complainant refused to accept the genuine request of the OP company. It is found that when the unit first time got defective on 15.11.2021 then it is not 7 years old product but only less than 5 years old product. Moreover, refrigerator company gives warranty of the compressor of the refrigerator for 5 years. So the product in question become disfunctional before 5 years. Hence, the depreciation calculated by OP Company on account of being 7 years old fridge is not justified as the same at that time is less than 5 years old product. Hence, offer of refund of Rs.26,425/- is lesser in view of its purchase value of Rs.75,500/-. The calculation/assessment of price of refrigerator lesser than its actual depreciated price amounts to unfair trade practice. Hence, the present complaint deserves to succeed against the OPs. The complaint is partly allowed. OPs are directed to refund amount of Rs.50,000/- to the complainant, against the purchase price of Rs.75,500/-, along with interest @ 6% per annum from the date of filing of this complaint i.e. 22.05.2024 till the date of its actual realization, subject to return of refrigerator in question by complainant.       

        The above said order shall be complied with by the OPs within a period of 45 days from the date of receipt of certified copy of this order.

 

8]      The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

08.10.2024                                                               

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER

as