ORDER

Complaint under  Sec.12 of the CPA 1986 as amended upto date

Ms. Nipur Chandna, Member

          Complainant purchased a Videocon Refrigerator 80 Ltr. From OP -1 vide Invoice dated 18.6.2015 for a sum of Rs.7700/-.

It is alleged by the complainant that in the first week of August 2015 the refrigerator started making cut sound and immediately stopped working at night.  On the very next day, she approached OP – 1 and asked to sort out the problem but OP -1 provided her mobile no. of one Mr. Jalil of OP – 2 and advised her to lodge her complaint with him. 

 The complainant talked to Mr.Jalil, who provided her the complaint Registration No. DELo0508150118.

       Complainant received one call on 5.8.2015 from the service executive of OP – 2 who assured to inspect the fridge/refrigeration on the same day.  However the inspection was done on 6.8.2015 and some repairing work was carried out.  The alleged refrigerator however stopped working on the very next day again.

  It is further alleged by the complainant that she again lodged various complaints on the customer care centre of OP – 2 and finally on 12.8.2015 the service executive of OP – 2 visited her house, and after taking the photograph of the defective refrigerator assured her that he will inform the status to OP – 2 and very soon sort out the issue.

 It is alleged by the complainant that after that nobody visited her house and no efforts are being done by OP – 2 to replace the defective refrigerator despite her repeated complaints. Hence this complaint.

Notice of the complaint was sent to the OP s through registered AD post.  The counsel for OP – 1 appeared and filed its W.S.   Since none appeared on behalf of OP – 2 it was ordered to be proceeded with exparte.

OP – 1 has stated in its W.S. that it is a dealer and is not liable to the complainant.  It has pointed out that the cash memo issued by it contain the following stipulation.

“All warranty maintained by Videocon Industries Ltd. and not by us”.

OP – 1 has stated that it is not responsible to rectify the manufacturing defect, it any, in the said refrigerator as it is merely a dealer and not the manufacturer and prayed for the dismissal of complaint.

   Both the parties have filed their evidence by way of affidavit.

We have heard arguments advanced at the bar and have perused the record.

The counsel for the complainant has contended that despite making various complaints of defective refrigerator with OP 2 nothing has been done by it.  The service executive of OP – 2 visited the premises of the complainant two times.  At the time of the first visit , he had carried out some repair work, but the refrigerator again stopped functioning on the very next day.  Again on the complaint of the complainant service executive visited  her house and took the photographs of the defective refrigerator and had held out an assurance of sorting at the complaint but to no effect.

The counsel for the complainant has contended that this act of the OP – 2 amounts to deficiency in service.

We are in agreement with the contention of the counsel for the complainant. 

         From the un-rebutted testimony of the complaint and the documents placed on record, we are of the opinion that the refrigerator sold out to the complainant is a defective one, and despite several complaints of the complainant, the service engineer of OP – 2 failed to remove the defect in the refrigerator.

          We therefore hold OP – 2 guilty of deficiency in service and direct it as under:-

1.  Pay to the complainant a sum of Rs.7,700/- (cost of refrigerator (Rupees Seven  Thousand seven Hundred only) alongwith 10% interest for the date of filing of complaint till payment.
2. Pay to the complainant a sum of Rs.2500/-(Rupees Twenty Five Hundred only) for pain and mental agony suffered by him.
3. Pay to the complainant a sum of Rs.2500/-(Rupees Twenty Five Hundred only) as a cost of litigation.
4. The Refrigerator shall be taken away by OP – 2 for the premises of the complainant after payment of the awarded amount.

      The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

          Copy of the order be made available to the parties as per rule.

 File be consigned to record room.

          Announced in open sitting of the Forum on.....................