Haryana

StateCommission

A/762/2016

RAVINDER BHARDWAJ - Complainant(s)

Versus

TAKE CARE INDIA PVT.LTD. - Opp.Party(s)

R.S.DHULL

15 Sep 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                                First Appeal No.           762 of 2016

                                                Date of Institution:       19.08.2016

                                                Date of Decision:         15.09.2016

 

Ravinder Bhardwaj son of Shri Dharamveer Sharma, resident of House No.1499, Nangla Enclave, Part II, Near Chandan Lal High School, NIT, Faridabad, presently resident of New Flats, Near Prince Sr. Secondary School, Nangla Enclave, Part II, NIT, Faridabad.

                             Appellant-Complainant

 

Versus

 

1.      Take Care India Private Limited, 2-N/69, B.P. Faridabad- 121001 through its Manager/Authorized Signatory.

 

2.      Mr. Kamal (Sr. Service Incharge), 2N-69, B.P. Faridabad – 121001.

3.      Vimal Service, Service Engineer cum AMC, 2N-69, B.P. Faridabad – 121001.

4.      Rattan Singh (Service Engineer), 2N-69, B.P. Faridabad – 121001.

5.      Videocon Company, Fort House, 2^nd Floor, 221, Dr. D.N. Road, Fort Mumbai -400001.

                                      Respondents-Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mrs. Urvashi Agnihotri, Member.

                                                         

Present:              Mr. R.S. Dhull, Advocate for the appellant.

           

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

This complainant’s appeal is directed against the order dated July 15^th, 2016 passed by District Consumer Disputes Redressal Forum, Faridabad (for short, ‘District Forum’).  Operative part of the order is reproduced as under:-

“12.   Opposite parties No.1 & 5 are directed jointly and severally to pay Rs.2200/- for mental agony, tension and harassment as well as Rs.1100/- for litigation expenses to the complainant within 30 days from the date of receipt of this order....”  

         

2.      Ravinder Bhardwaj-complainant purchased refrigerator of Videocon make in the month of April, 2013 with two years warranty and five years warranty of compressor from Take Care India Private Limited, Faridabad-opposite party No.1.  The complainant and the opposite party No.1 entered into maintenance contract for the period May 25^th, 2015 to May 24^th, 2016 covering repair of compressor, sealed system jobs, gas charging etc.   In the month of June, 2015, the refrigerator started giving problem of cooling and freezing.  The complainant informed the opposite parties. The Service Engineer rectified the problem but the problem still persisted. The Service Engineer repaired the refrigerator and delivered to the complainant in a perfect condition. 

3.      The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum seeking compensation on account of deficiency in service on the part of the opposite parties.   

4.      The complaint was accepted by the District Forum and issued direction to the opposite parties No. & 5 as mentioned in paragraph No.1 of this order.

5.      Dissatisfied with the order of the District Forum, the complainant has come up in appeal for enhancement of compensation.

6.      The District Forum vide impugned order directed to the opposite parties No.1 & 5 to pay Rs.2200/- on account of mental agony, harassment etc and Rs.1100/- litigation expenses to the complainant. Since the refrigerator was repaired to the satisfaction to the complainant, so, the compensation awarded was just and reasonable and as such no case is made out for enhancement.

7.      The appeal is therefore dismissed.

 

Announced 15.09.2016

(Urvashi Agnihotri) Member

(Nawab Singh) President

 

UK