Punjab

Fatehgarh Sahib

CC/29/2016

Nirbhai singh - Complainant(s)

Versus

Sofat Electronics - Opp.Party(s)

Sh Vinay Sood

12 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 29 of 2016

                                           Date of institution : 03.03.2016                                                  Date of decision    : 12.08.2016

Nirbhai Singh Aged about 50 years son of Harkaran Singh R/o St. No.1 Professor Colony Sirhind Mandi, District Fatehgarh Sahib.

……..Complainant

Versus

1. M/s Sofat Electronics, Bassi Road, Sirhind, District Fatehgarh Sahib, Through its Prop/Partner.
2. LG Electronics India Pvt. Ltd. Plot No.51, Surajpur- Kasna Road, Udyog Vihar, Greater Noida, U.P. India (201306) through, its Managing Director.

…..Opposite Parties

 

Complaint Under Sections 11 to 14 of the Consumer Protection Act.                                              

Quorum

Sh. Ajit Pal Singh Rajput, President                                       Smt. Veena Chahal, Member                                                       Sh. Amar Bhushan Aggarwal, Member

Present :  Sh.Vinay Sood, Adv. counsel for the complainant.                        Opposite parties exparte

 ORDER

 

By Amar Bhushan Aggarwal, Member

                      Complainant, Nirbhai Singh Aged about 50 years son of Harkaran Singh R/o St. No.1 Professor Colony Sirhind Mandi, District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as "the OPs") under Sections 11 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.                   The complainant purchased one LG Refrigerator D.Door Model GL-349PEX5,Ch No.305PRJR030484, from OP No.1, vide invoice No.1553 dated 08.01.2015 for Rs.37,000/-, instead of Rs.35,000/-. After purchase of the said refrigerator the technician of OP No.2 visited the house of the complainant for giving demo and it was disclosed by him that said refrigerator is 2013 model instead of 2015 model. The complainant contacted OP No.1, who assured the complainant that the refrigerator is 2015 model.  Thereafter on 23.05.2015 there was some defect occurred in the said refrigerator and the complainant lodged a complaint with OPs, who deputed the technician, who on inspection removed the defect and disclosed that the refrigerator in question was of 2013 model.  The complainant again contacted OP No.1, who assured the complainant that he will change the refrigerator after consulting OP No.2.  Thereafter, more than five months have elapsed but OP No.1 has failed to change the refrigerator in question.  OP No.1 has intentionally sold 2013 model refrigerator in the year 2015. The complainant requested the OPs a number of times to replace the refrigerator but they refused to accede to the genuine request of complainant and put off the matter on one pretext or the other, which amounts to deficiency in service and unfair trade practice on the part of the OPs. The complainant also served legal notice upon the OPs but to no effect. Hence, this complaint for giving directions to the OPs to pay Rs.51,000/- plus the cost of refrigerator i.e.  Rs.37000/- along with interest @ 18% p.a.

3.                   Notice of the complaint was issued to the OPs, but they chose not to appear to contest this complaint. Hence, they were proceeded against exparte.

4.                   In order to prove his case the complainant tendered in evidence his affidavit Ex. C-1, legal notice Ex. C-2, postal receipts Ex. C-3 and C-4, attested copies of bill Ex. C-5, copy of reply to legal notice Ex. C-6, photograph Ex. C-7 and closed the evidence.

5.                   The Ld. counsel for the complainant submitted that the complainant had purchased the new Refrigerator for Rs.37,000/- from OP No.1. After some time, when some defect occurred in the functioning of the Refrigerator, the technician of the OPs, who inspected and removed the defect, disclosed that the product was of 2013 model. From the sticker pasted on the Refrigerator(Ex. C-7) it was also clearly evident that the product was of 2013 model.  OP No.1 had mentioned model number and other details on the bill (Ex.C-5) but had not mentioned the year of model deliberately, which amounts to deficiency in service and unfair trade practice. Ld. counsel  argued that his client contacted OP No.1 many times for change of refrigerator but to no effect and thus pleaded for acceptance of his complaint by penalizing  the OPs besides refund of the price of the refrigerator.

6.                   OPs were given due notice and summons were duly served on OP No.2 as per tracking report of postal department. Notice served on OP No.1 through office Peon of this Forum, but they refused to receive the same as per report of the Peon. They did not appear before this Forum. Thus they were proceeded against ex-parte. Their non appearance is nothing but an admission from their own side. After the ex-parte orders were issued against the OPs, an application by OP No.2 through their counsel was filed for setting aside the ex-parte orders. The application after due consideration was dismissed in view of the judgement of the Hon'ble Apex Court, vide which the Consumer Forums does not have the power to recall, set aside and review its orders.

7.                   After hearing the Ld. counsel for the complainant and going through the pleadings, evidence produced by the complainant and the oral arguments, we find that there is force in the submissions of the Ld. counsel for the complainant. The OPs have failed to satisfy the consumer and/or replacing the refrigerator of 2013 model.

8.                   In view of our above discussion, we partly accept the present complaint and find that the OPs have committed deficiency in service and indulged in unfair trade practice by selling refrigerator of 2013 model in the year 2015. The refrigerator cannot be replaced since it was working satisfactorily and there was no complaint regarding any defect by the complainant.

9.                    Accordingly, the complainant is held entitled to compensation of Rs.10,000/-(Rs. Ten Thousand) including cost of litigation and damages for unfair trade practice, harassment and mental agony. The damages are to be paid within a period of 45 days from the date of receipt of certified copy of this order. If the orders are not complied within the stipulated period, it will carry interest @ 9% P.A. on the amount till its realization.

10.                 The arguments on the complaint were heard on 05.08.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 12.08.2016

(A.P.S.Rajput)                          President

 

(Veena Chahal)                        Member

 

      (A.B.Aggarwal)                       Member