Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 579.
Instituted on : 26.11.2018.
Decided on : 06.11.2019.
Suresh Chand, age 54 years son of Shri Jagdish, resident of H.No.732/35, Janta Colony, Rothak, Tehsil & District Rohtak.
………..Complainant.
Vs.
- M/s Shree Jee Electronics 9th Palika Bazar, Rohtak, Tehsil & District, Rohtak through its Prop./Authorized Signatory.
- Samsung, Head Office: Sector-43, 2nd, 3rd & 4th Floor, Tower ‘C’, Vipul Tech, Square Golf Course Road, Gurgaon-122002, through its Manager/Authorised person.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Sh.Pankaj Kaushik, Advocate for the complainant.
Sh.Kunal Juneja, Adv.for opposite party No.2.
Opposite party No.1 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainant with the averments that he had purchased a refrigerator make Samsung-RR22M274YR2/NL vide invoice no.GHUDA32-938 dated 19.10.2017 from the respondent no.1 for a sale consideration of Rs.14271/-. At the time of purchase, warranty card was also issued by respondent no.1. That after purchasing the refrigerator, the complainant has gifted the same to his relative namely Pankaj Kaushik. After some time, aforesaid refrigerator was not working properly. Hence the complainant and his relative visited many times at the shop of respondent no.1 and companied about the same, and requested to repair it. One mechanic of respondent no.1 visited the premises of Mr. Pankaj Kaushik and got repaired the said refrigerator. After some time same problem occurred again and complainant again made complaint to the service centre but they did not pay any heed to the requests of complainant as well as Mr. Pankaj Kaushik. That the act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to repair the aforesaid refrigerator, or to replace the same with new one and also to pay a sum of Rs.50000/- as compensation on account of mental agony and harassment and Rs.5000/- as litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite party No.1 did not appear despite service and was proceeded against exparte vide order dated 14.01.2019 of this Forum. Opposite party No.2 filed its written reply submitting therein that company provides one year warranty only for the compressor of the unit from the date of purchase of unit and also four years warranty only for compressor of the unit from the date of purchase of unit and in case of any problem with the unit, the unit will be repaired or its parts will be replaced as per warranty policy. The service has been provided to the complainant on each and every occasion and the answering respondent never refused to provide services to the complainant as per conditions of warranty. In fact, there is no defect found in the unit at last visit of engineer of answering respondent. Complainant reported the problem regarding no cooling issue and moisture problem on dated 11.09.2018, which was checked by the engineer of company and it was found that chiller tray and freezer door of unit needs replacement. The same were replaced and the unit started working in OK Condition. Thereafter complainant reported regarding no cooling issue in his unit on 23.09.2018 but on checking, no issue was found and unit was working completely OK. After that no problem was reported by complainant and the complainant without any cause of action has filed the present complaint. There is no deficiency in service on the part of answering respondent and dismissal of complaint has been sought.
3. Learned counsel for the complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and has closed his evidence on dated 12.06.2019. On the other hand, ld. Counsel for the opposite party No. 2 has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R7 and closed his evidence on dated 04.10.2019 of this Forum.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that complainant had purchased the refrigerator on 19.10.2017 for a sum of Rs.14271/-. As per complaint and affidavit filed by the complainant, there was defect in the refrigerator from the very beginning, and the complainant sent a legal notice dated 22.10.2018 Ex.C2 which was received by the OP No.1 and acknowledgement Ex.C4 is also placed on record. Opposite party no.2 in its reply has admitted the fact that complainant reported the problem regarding no cooling issue and moisture problem on dated 11.09.2018, which was checked by the engineer of company and it was found that chiller tray and freezer door of unit needs replacement and the same were replaced. It is also submitted by the opposite party No.2 that the complainant again reported regarding no cooling issue in his unit on 23.09.2018 but on checking, no issue was found and unit was working completely. But to prove this fact no job sheet has been placed on record. On the other hand, as per the complainant, there is still problem of cooling in the refrigerator in question. Meaning thereby, the defect appeared in the refrigerator during warranty period, which could not be removed by the opposite parties despite his repeated requests and legal notice. Hence there is deficiency in service on the part of opposite parties. As such complainant is entitled for the replacement of refrigerator in question.
6. In view of the facts and circumstances of the case, complaint is allowed and we hereby direct the opposite party No.2 being manufacturer, to replace the refrigerator in question with new one of same price and also to pay a sum of Rs.3000/-(Rupees three thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision. However, complainant is directed to hand over the refrigerator in question to the opposite parties at the time of replacement.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
06.11.2019
…………………………………..
Nagender Singh Kadian, President
…...........................................
Renu Chaudhary, Member.
..........................................
Tripti Pannu, Member.
