Jammu and Kashmir

Jammu

CC/439/2017

SARDARI LAL - Complainant(s)

Versus

SYMPHONY LTD. - Opp.Party(s)

RAJIV SHARMA

13 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

         (Constituted under J&K Consumer Protection Act,1987)

 

  Case File  No                134/DFJ           

 Date of  Institution    01-08-2017

 Date of Decision         27-02-2018

 

Sardari Lal,

S/O Garib Dass,

R/O Darmal Tehsil and District,

Jammu.

                                                                                                                                                Complainant

                       V/S

1.Symphony Limited, Symphony House,

   FP-12-TP50 Bodakdev,OFF SGHighway,

 Ahmedabad-380054 India.

2.Super Electronic 17-18,

  Near Govt.Hr.Secondary School,

 Muthi Jammu-Through its Proo.Ajay Kumar.

                                                                                                                                                Opposite parties

CORAM

                  Khalil Choudhary            (Distt.& Sessions Judge)  President

                  Ms.Vijay Angral                                                                Member

                  Mr.Ghulam Sarwar Chouhan                                       Member

 

In the matter of  Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

      

Mr.Rajeev Sharma,Advocate for complainant, present

Mr.Ashok Kumar,Authorised Representative of OP1,present.

Nemo for OP2

 

ORDER

                             Facts relevant for the disposal of complaint on hand are that complainant said to have purchased a Symphony Cooler Winter XI from OP2,on,07-06-2017,for sale consideration of Rs.12,500/-(Annexure-A).The cooler so purchased by the complainant from OP2 was carrying warranty for one year(copy of warranty card is annexed as Annexure-B),but from the day one the said cooler started leaking and complainant thought that it may be at the time of filling of water in the said cooler, but also raising huge noise after 4-5 minutes. That the complainant lodged complaint to OP2 and on,10-07-2017 a person(Mechanic)came to his house and saw the pump of the cooler and advised him to start the cooler and told him that there is no defect in the said cooler and left from his house. According to complainant, at the same night the leakage increased and about one bucket water leaked from the said cooler and again on the next day, complainant approached OP2 and apprised him about the problem existed in the said cooler and Op2 again sent the same person(mechanic)for checking the said cooler and the said person after checking told him that the tub of the cooler is required to be replaced and assured him that he will replace the same on,13-07-2017.Allegation of complainant is that on,21-07-2017,he contacted OP2 on telephone  and requested to replace the tub of the said cooler, but OP2 apprised him that there is a manufacturing defect in the said cooler and it is the responsibility of OP1 to replace the same. Complainant further submitted that by selling a defective cooler the Ops  have not only committed unfair trade practice,but also cheated and defrauded him by not providing service to him. Complainant feeling aggrieved of adherence to unfair trade practice by OP2, in selling a defective product, approached this Forum for deficiency in service on the part of Ops.In the final analysis, complainant prays for refund of cost of cooler, alongwith, interest and in addition, prays for sum of Rs.1,60,000/-under different heads.

                       On the other hand,OP1 filed written version and resisted the complaint on the ground that the answering OP’s product mainly Air Coolers  are certified to meet international quality standards of UL,CE,SASO,DTL,NOM,SONCAP AND KUCAS,therefore,exporting the product in many other countries and established good reputation in international market also. The answering OP admitted the purchase of Air Cooler of Model Winter XI.After few weeks of installation, complainant found that the said Air Cooler is not working properly due to leakage of the water. The complainant informed the same to the answering OP.Subsequently,technical person of answering OP visited and provided services as per valid warranty .Also the technical person has explained and advised the operating system in utmost good faith to the complainant.

                        Complainant adduced evidence by way of duly sworn his own affidavit and affidavit of Madan Lal. Complainant has placed on record copy of invoice, copy of warranty registration card and copy of I/card.

                      We have perused case file and heard L/C appearing for complainant at length.

                         Briefly stated facts of the case are that; complainant said to have purchased a Symphony Cooler Winter XI from OP2,on,07-06-2017,for sale consideration of Rs.12,500/- and the cooler so purchased by the complainant from OP2 was carrying warranty for one year, but from the day one the said cooler started leaking and complainant thought that it may be at the time of filling of water in the said cooler, but also raising huge noise after 4-5 minutes. That the complainant lodged complaint to OP2 and on,10-07-2017 a person(Mechanic)came to his house and saw the pump of the cooler and advised him to start the cooler and told him that there is no defect in the said cooler and left from his house. According to complainant, at the same night the leakage increased and about one bucket water leaked from the said cooler and again on the next day, complainant approached OP2 and apprised him about the problem existed in the said cooler and Op2 again sent the same person(mechanic)for checking the said cooler and the said person after checking told him that the tub of the cooler is required to be replaced and assured him that he will replace the same on,13-07-2017.Allegation of complainant is that on,21-07-2017,he contacted OP2 on telephone  and requested to replace the tub of the said cooler, but OP2 apprised him that there is a manufacturing defect in the said cooler and it is the responsibility of OP1 to replace the same. Complainant further submitted that by selling a defective cooler the Ops  have not only committed unfair trade practice,but also cheated and defrauded him by not providing service to him. Complainant feeling aggrieved of adherence to unfair trade practice by OP2, in selling a defective product, approached this Forum for deficiency in service on the part of Ops.

                       In order to substantiate his allegations, complainant filed his own duly sworn evidence affidavit and affidavit of Madan Lal. Complainant and his witness reiterated the contents of complaint, therefore, same need no repetition. On the other hand, despite OP1 was granted opportunity to support its version by leading evidence,but it failed to lead iota of evidence in support of its version.Therefore,version of OP1 went unsubstantiated, unsupported and uncorroborated by cogent evidence, so much so, written version filed by Op1 is not supported by affidavit of OP1,therefore,same being bereft of  legal strength, hence, cannot be read in evidence.

               On the other hand, in support of his allegations that complainant has placed on record copy of invoice, wherein it is clearly mentioned that an amount of Rs.12,500/-has been received by OP2 from the complainant. Therefore we have no reason to discard with the prayer made by complainant for entitlement of refund of Rs.12,500/-as cost of Air Cooler paid by the complainant to OP2 in view of supportive material placed on record.

                            Therefore, in view of the foregoing reasons the complaint filed by the complainant for redressal of his grievance is allowed and Ops are directed to pay an amount of Rs.12,500/-(as cost of Air Cooler)to the complainant. The complainant is also entitled to compensation of Rs.5,000/-for causing unnecessary harassment and mental agony and litigation charges of Rs.3,000/-.The OPs shall comply the order within one month from the date of receipt of this order. Copy of this order be provided to both the parties as per requirement of the Act. On deposit of the amount in this Forum, the same shall be paid to the complainant through payees account cheque.The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                              Khalil Choudhary

                                                                         (Distt.& Sessions Judge)

Announced                                                              President

 27-02-2018                                                   District Consumer Forum

Agreed by                                                                Jammu.

 

Ms.Vijay Angral          

Member        

 

Mr.Ghulam Sarwar Chauhan,

Member