DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No: 307/2015
Date of Institution: 06.08.2015
Date of Decision: 28.10.2015
Ashok Kumar S/o Om Parkash resident of Tapa, Tehsil and District Barnala, C/o Main Bazar Singla Kariyana Store Near PNB Bank, Tapa.
…Complainant
Versus
1. Smt. Shanti Devi, Arms & Ammunition Dealers & Dealers in Samsung, LG, Whirlpool, Videocon, Godrej & Arms & Ammunition of all kinds, Purana Bazar, Barnala.
2. Mr. Gurdeep Singh, Regional Manager Service, Samsung India Pvt. Limited, Tower-C, 2nd Floor, Vipultech Square Old Golf Course Road, Sector 43, GURGAON-122002.
3. Mr. Vivek Khatpalia Regional Manager Service, Samsung India Pvt. Limited, Tower-C, 2nd Floor, Vipultech Square Old Golf Course Road, Sector 43, GURGAON-122002.
4. Mr. Deepak Sharma, Area Manager, Samsung India Pvt. Limited, Gurdev Nagar, Sandhu Tower, Near Khushi Ram Sweets, Ferozpur Road, Ludhiana.
5. Mr. Manoj, Service Manager, Samsung India Pvt. Limited, Gurdev Nagar, Sandhu Tower, Near Khushi Ram Sweets, Ferozpur Road, Ludhiana.
6. Mr. Ramanjeej Batta C/o Sai Electronics, Authorized Samsung Service Centre, Patel Nager, Street No. 1, K.C. Road, Near Gurdwara Sahib, Barnala.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. K.R. Goyal counsel for the complainant
Opposite parties exparte.
Quorum.-
1. Shri S.K. Goel : President.
2. Sh. Karnail Singh : Member
3. Ms. Vandna Sidhu : Member
ORDER
(BY SHRI KARNAIL SINGH MEMBER):
The complainant namely Ashok Kumar (hereinafter referred as complainant) has filed the present complaint under Consumer Protection Act (hereinafter referred as Act) against Smt. Shanti Devi and others (hereinafter referred as opposite parties) on the ground that the complainant purchased one Samsung Refrigerator from the opposite party No. 1 vide bill No. 23926 dated 28.5.2014 for Rs. 49,500/-.
2. It is further averred that after few days the said Refrigerator developed fault in cooling system and the complainant lodged a complaint to opposite party No. 1 on 30.5.2014, who lodged his complaint in register at Serial No. 4174718806 and forwarded the same to opposite parties No. 4 & 5, who are Area Managers at Ludhiana and then they forwarded the said complaint to opposite party No. 6, who is the Authorized Samsung Service Centre. The opposite party No. 6 attended the complaint, but he was unable to remove the said defect. Thereafter, the complainant approached the opposite parties time and again for removing the said fault or to replace the said Refrigerator or to return the amount of Rs. 49,500/- alongwith compensation, but in vain. Therefore, the present complaint is filed seeking the following reliefs.-
To replace the said Refrigerator or to refund the amount of the Refrigerator alongwith interest @ 18% per annum.
To pay Rs. 20,000/- as compensation and Rs. 5,000/- as litigation expenses.
3. The opposite parties No. 1 to 6 were duly served, but they did not come present and were proceeded against exparte vide order dated 21.9.2015.
4. In order to prove his case, the complainant has tendered into evidence his own affidavit Ex.C-1, copy of bill Ex.C-2, copy of E-mail Ex.C-3, copy of legal notice Ex.C-4, postal receipt Ex.C-5, warranty card Ex.C-6 and closed the evidence.
5. We have heard the learned counsel for the complainant and have gone through the record.
6. In order to prove his case, the complainant tendered in evidence his detailed affidavit Ex.C-1, wherein he has reiterated his stand as taken in the complaint. Ex.C-2 is the copy of bill dated 28.5.2014 showing the purchase of Refrigerator in question by the complainant for Rs. 49,500/-. Ex.C-3 is details of E-mail sent to the service station of opposite parties. Ex.C-4 is the copy of legal notice sent to the opposite parties. Further, Ex.C-6 is the Warranty Card showing the warranty of “12 months”.
7. The evidence on the record is not rebutted and there is no evidence contrary to the evidence produced by the complainant. Therefore, the presumption of truth lies to the un-rebutted evidence of the complainant.
8. As a result of the above discussion, there is a merit in the complaint of the complainant and the same is accepted and the opposite parties are directed to repair the Refrigerator in question and in case the same is beyond repair in that event the same be replaced with a new one or to refund the amount of Refrigerator i.e. Rs. 49,500/- to the complainant. The opposite parties are further directed to pay Rs. 3,000/- as compensation and Rs. 2,100/- as litigation expenses to the complainant. This order shall be complied with within 45 days from the date of the receipt of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
28th Day of October 2015
(S.K. Goel)
President
(Karnail Singh)
Member
(Vandna Sidhu)
Member
