BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.179 of 2022

      Date of Instt. 01.06.2022

      Date of Decision: 03.08.2022

Sandeep S/o J. R. Jaggi, House No.159, Road No.1, Kohinoor Enclave, Ladhewali, Jalandhar, Punjab-144007, Mobile No.8512070001

..........Complainant

Versus

Summer Cool, C-17, Meerut Road Industrial Area, Site-3, Ghaziabad, UP-201003, India. Email ID:infor@summercoolindia.com, Mobile No.9508695086

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Miss. Sarabjit Kaur, Auth. Rep. for Complainant.

Order

Dr. HarveenBhardwaj (President)

1.                The instant complaint has been filed by the complainant through E-Dakhil Portal, wherein it is alleged that the OP No.1 is the company makes good quality, design products such as ceiling fans, air coolers, multipurpose fans etc. The complainant purchased Room Heater HH 115, dated 31.01.2022 for the amount of Rs.1962.77 from the 3082-Vajra Station Canteen, Jalandhar Cantt. Army-2555, Civil-2260700 having its bill no.149068, dated 31.01.2022. When the complainant had opened the box and tries to on the device, then out of the three heating rods, the middle rod is not working. In this connection, the complainant tries to make a call from his no.8512070001 to the following respondent mobile numbers, but no one is picking up the call. Finally the complainant sent via email. On 22.02.2022 the complainant sent the grievance to the customer care whatsapp no.9169168558 in reply they stated that ‘Call on this No.9508695086’. When the complainant tries to make call on mobile no. promise him to soon it will resolve this problem in person, thereafter no communicated and not resolved the problem. Thereafter the complainant had not received any communication as a result of this complainant on 07.03.2022, the complainant filed an online complaint to the National Consumer Helpline with grievance number and the helpline closed his complaint with the remarks as ‘no response received from the company, and then the present complaint filed the prayer that the OP be directed to replace the defective product with the new one and further OP be directed to pay a sum of Rs.20,000/- towards the physical strain and mental agony suffered by the complainant and Rs.5000/- as litigation expenses.

2.                Notice of the complaint was given to the OP and the OP sent a letter in the shape of Ref. No.TC/22-23/001 dated 28 June, 2022, wherein they stated that they are committed to ensure consumer satisfaction are willing to replace the product to Shri Sandeep Jaggi free of cost which may kindly be noted.

3.                In order to prove his case, the authorized representative of the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.C-1 to Ex.C-4.

4.                We have heard the complainant in person and have also gone through the case file very minutely.

5.                The complainant purchased the Room Heater HH 115, on 31.01.2022 of company of OP from Vajra Station Canteen, Jalandhar Cantt. as per Ex.C-1. The complete copy of the bill has been produced today by the complainant which shows that he purchased the Thermocool Halogen 3 Rod Heater for Rs.1962.77 alongwith other grocery from canteen, but when he opened the same and found that out of the three rods, the middle rod is not working and for this, he sent email on 06.02.2022, which is Ex.C-2. The complainant has proved on record the chatting between the complainant and the OP, which has been proved as Ex.C-3. The complainant has proved on record Ex.C-4, in which the detail of the name, product regarding warranty and the grievance detail has been mentioned. The OP has not appeared in the Court, but letter was received from the OP dated 28 June, 2022, vide which the OP has expressed his willingness to replace the product to the complainant free of cost. This clearly shows that the product i.e. Room Heater was defective piece and was having manufacturing defect. This is clear cut deficiency in service. Since the OP has agreed to replace, so, the OP is directed to replace the same with new one with same price and same model and the complainant is directed to return the defective heater to the OPs at the time of replacement of heater. The complainant could not use the same for the purpose for which it was purchased and he had to file the present complaint as his issue was not resolved by the OP despite sending email and having chat with them, therefore the complainant is entitled to compensation for mental tension, harassment and cost of litigation in total Rs.8000/- and accordingly, the complaint of the complainant is partly allowed. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

6.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

03.08.2022         Member                          Member           President