BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 31 of 2019
Date of Institution : 22.01.2019
Date of Decision : 28.08.2019.
Dr. Kuldeep Sain aged about 47 years son of Shrikrishan, resident of H.No.14/29, Ram Colony, Barnala Road, Sirsa, Tehsil and District, Sirsa.
……Complainant.
Versus.
- Sharp India Ltd., SCO 222-223, 2nd Floor, Sector 34-A, Chandigarh-160034 through Regional Manager/Authorised Signatory.
2. Delhi Electronics, Sadar Bazar, Sirsa, Tehsil & District Sirsa thorugh its Manager/Proprietor Vijay Sethi
…….Opposite Parties
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH.ISSAM SINGH SAGWAL ……MEMBER.
MRS.SUKHDEEP KAUR……………MEMBER.
Present: Sh. Shingara Singh, Advocate for the complainant.
Sh. T.S. Jangra, Advocate for the opposite party no.1.
Opposite party no.2 exparte.
ORDER
The case of complainant, in brief, is that on 26.2.2014 complainant had purchased a refrigerator make Sharp company bearing Sr. No.SJ-K20S-6121005072 for Rs.16,100/- from opposite party no.2, who is authorized dealer of op no.1 after every type of assurances given by op no.2. The op no.2 had fully assured about the guarantee and warrantee of four years of the above said refrigerator on behalf of op no.1. It is further averred that from very beginning, the refrigerator is not working properly because it has not been giving proper cooling and its compressor used to give sound and get heated. Initially the problem was not so big but it developed day by day. Its cooling capacity has also been decreased to a great extent. It is further averred that in the month of October/ November, 2018, when the complainant approached the op no.2 in the matter, he sent their mechanic to check the refrigerator and after examination, the mechanic told that compressor is liable to be replaced. The op no.2 assured that he will replace the compressor very soon but he has not done so far. That thereafter, the complainant approached op no.1 because he has not received satisfactory response from op no.2 and communicated through e-mail dated 18th, 21st, 27th November, 2018 and thereafter the op no.1 has assured that they will resolve their issue but all in vain and both the ops completely denied to resolve the issue about a week back. It is further averred that there is some manufacturing defect in the compressor of the refrigerator and the ops have committed gross deficiency in service. Hence, this complaint.
2. On notice, opposite party no.1 appeared and filed written statement taking certain preliminary objections regarding maintainable and limitation etc. It is submitted that if refrigerator was giving problems from the very beginning of purchase, then the complainant should have lodged the complaint at very first instance. It is further submitted that as per warranty and guarantee card’s terms and condition if defect found within one year from the said purchase Sharp India Limited will abide to replace the defective product or abide to give free services to its customer. It is further submitted that there is nothing to show that why the complainant approached after four years to the op no.2. Remaining contents of the complaint are also denied and prayer for dismissal of the complaint made.
3. Opposite party no.2 did not appear despite service of notice and was proceeded against exparte.
4. The parties then led their respective evidence.
5. We have heard learned counsel for the parties and have perused the case file carefully.
6. The perusal of the record reveals that the complainant has furnished his affidavit Ex.CW1/A in which he has reiterated the averments made in the complaint. He has deposed that he purchased a refrigerator make Sharp company bearing Sr. No.SJ-K20S-6121005072 from op no.2 for Rs.16,100/- on dated 26.02.2014. He has also deposed that from very beginning, refrigerator has not been working properly because it has not been giving proper cooling and its compressor used to give sound and get heated. The complainant is approaching the ops for the replacement of the refrigerator or refund of the amount. The complainant has also tendered in evidence bill Ex.C1, Ex.C2 bill of compressor, Ex.C3 bill of Gas charging labour and Ex.C4 to Ex.C6 mails.
7. On the other hand op no.1 did not furnish any document.
8. As per the contention of the complainant he had purchased a refrigerator make Sharp company bearing Sr. No.SJ-K20S-6121005072 from op no.2 for Rs.16,100/- on dated 26.02.2014 with a warranty of four years on behalf of op no.1. He has also deposed that refrigerator has not been working properly because it has not been giving proper cooling and its compressor used to give sound and get heated. Initially the problem was not so big but it developed day by day. Its cooling capacity has also decreased to a great extent. He approached the op no.2 who sent their mechanic to check the refrigerator and mechanic told that the compressor is liable to be replaced. The perusal of the documents which have been placed on record by the complainant reveal that complainant has purchased a refrigerator make Sharp company with a warranty of four years from op no.2 for Rs.16,100/- on dated 26.02.2014 but the present complaint has been filed on 22.01.2019 after a period of about 5 years from the date of purchase, meaning thereby that the warranty of the product has already been expired. The bill Ex.C2 shows that the compressor was purchased by the complainant on dated 06.03.2019 and the gas was filled vide bill dated 06.03.2019 which is Ex.C3. The complainant has got the compressor replaced and got refilled the gas on 06.03.2019 after the expiry of period of five years from the date of the purchase of the refrigerator. So, it cannot be presumed that the refrigerator of the complainant was/is within the warranty period as such the complaint filed by the complainant is barred by limitation and the same is not maintainable and is liable to be dismissed.
9. In view of the above discussion, the present complaint is hereby dismissed being devoid of any merit as the present complaint is not maintainable and barred by limitation. No order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. Member Member President,
Dated:28.08.2019. District Consumer Disputes
Redressal Forum, Sirsa.
