DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST,
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 639/2016
D.No.________________________ Date: ________________
IN THE MATTER OF:
SAURABH S/o SH. SUBHASH CHANDER,
R/o H-17/22, SECTOR-7,
ROHINI, DELHI-110085. … COMPLAINANT
Versus
1. M/s SHRISHTI ENTERPRISES,
(THROUGH ITS PROP./PRINCIPAL OFFICIAL),
C-1/307, GROUND FLOOR, SECTOR-11,
OPP. CNG PUMP, ROHINI,
DELHI-110085.
2. M/s ELECTROLUX INDIA PVT. LTD.,
3rd FLOOR, NINEX CITY MART,
ADJACENT TO FORTUNE SELECT EXCALIBUR HOTEL,
SOHNA ROAD, SECTOR-49,
GURGAON-122018 (HARYANA). … OPPOSITE PARTY(IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 13.07.2016
Date of decision:19.01.2018
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant purchased an Electrolux Kelvinator Refrigerator model no. EKP235FF and the complainant used the
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same very smoothly and no complaint was made in the functioning of the refrigerator. On 09.04.2016, the complainant noticed the cooling and leakage related problem in the refrigerator and therefore the complainant called the customer care center of the company i.e. OP and made the complaint and the officials of OP provided the complaint no. EDL0904160214 dated 09.04.2016. On 10.04.2016, the engineer of OP namely Lalit Arora came at the premises of the complainant and repaired the refrigerator by changing some parts and gavea receipt no. 1155 dated 10.04.2016 of Rs.2,050/- as service charges and also gave three months warrantee on the service provided by the OP and on the next day, the complainant noticed the same problem in the refrigerator and therefore the complainant tried to contact the official of OP but no response was given to the complainant. On 17.04.2016, the complainant again made the complaint to OP vide no. EDEL1704160093 and OP also told that the engineer from service center will contact the complainant within 12 hours but till evening no response was given from the side of OP. On 18.04.2016, the complainant also made the complaint no. EDEL1804160253 but all in vain and on 19.04.2016, the complainant contacted customer care of OP and told about his complaint but did not receive any positive reply by OP. On 20.04.2016, the complainant was shocked and immediately contacted customer care i.e. OP and asked about
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the status of the complaint but OP suggested the complainant to contact ASM of company on mobile no. 9818908744 and the complainant contacted the ASM and described the problems and ASM assured the complainant that he will personally direct the authorized service center to immediately solve the problem but OP has not given any satisfactory reply till date. Thereafter, the request of the complainant and after several complaints, the engineer of OP visited the premises of the complainant and he himself checked the refrigerator and assured to rectify the same within one week but till date the refrigerator has not been rectified by the officials of OP. The complainant further alleged that the complainant sent a legal notice dated 28.04.2016 to the OP through his counsel by speed post but no reply was given to the complainant till date by OP and the complainant accordingly alleged that there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to rectify the problem in the refrigerator and to pay a sum of Rs.50,000/-as compensation liquidated damages/losses suffered by the complainant and has also sought of Rs.25,000/- towards litigation charges.
3. Notices to OPs were issued through speed post for appearance on 08.08.2016. As per track report notice to OP-1 was served on 20.07.2016 & whereas as per track report OP-2 refused to receive
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the notice and as per track report dated 21.07.2016 report is ‘delivery attempted: unclaimed’. None for the OP-1 & OP-2 appeared on 08.08.2016, 15.09.2016, 17.11.2016 & 10.01.2017 and as such OP-1 & OP-2 have been proceeded ex-parte vide order dated 10.01.2017.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has placed on record copy of cash receipt no. 1155 dated 10.04.2016 and copy of legal notice dated 28.04.2016 sent by the complainant to the OPs through his counsel by speed post alongwith postal receipt and tracking report.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notices of this case from this forum, the OPs have kept mum and have not bothered to answer the case of the complainant. It seems that OPs have no defence in their favour.
6. On perusal of the record, we find that on the first complaint of the complainant, the refrigerator was repaired on 10.04.2016 vide cash receipt no. 1155 dated 10.04.2016 and an amount of Rs.2,050/-was charged by OP for replacement and repair of parts and as per
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the said receipt there is an endorsement ‘3 months warrantee’. But the refrigerator did not function thereafter and many complaints were lodged by the complainant with the OPs but the problem with the refrigerator could not be resolved/rectified by the OPs. It was the legal duty of the OPs to rectify the defect or to replace the product. A customer/consumer is not expected to file complaint in respect of a product purchased. It is expected that the new product purchased is free from all sorts of defects in the product. As OPs have failed to appear and have not lead any evidence and as such it seems that OPs have no genuine defence. Accordingly, both the OPs are held guilty of unfair trade practice and deficiency in service.
7. Accordingly, both the OPs jointly or severally are directed as under:
i) To repair the refrigerator of the complainant free of charge immediately.
ii) To pay to the complainant an amount of Rs.5,000/- as compensation towards mental agony and harassment caused to the complainant which includes litigation charges.
8. The above order shall be complied by both the OPs jointly or severally within 30 days from the date of receiving copy of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OPs fail to comply the order
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within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 19thday of January, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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