Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 548.
Instituted on : 15.09.2022.
Decided on : 12.10.2023.
Gaurav Bhayana age 44 years, s/o Sh.K.L.Bhayana R/o 224-L, Model Town, Rohtak.
...................Complainant.
Versus
- The Country Head, Voltas Beko, Voltas Home Appliances Pvt. Ltd., Voltas House ‘A’, Dr. Babasaheb Ambedkar Road, Chinchpokli, Mumbai.
- Voltas Beko, Voltas Home Appliances Pvt. Ltd., Voltas House ‘A’ , Dr. Babasaheb Ambedkar Road, Chinchpokli, Mumbai Through its Executive director.
- M/s V.M.Electronics, UPVG Haryana, Prem Nagar Chowk, Rohtak through its Proprietor.
- Mr. Pravin Kumar, Area Service Manager, Voltas Beko, Voltas Home Appliances, A-43, Mohan Co-op Inds. Estate Mathura Road, New Delhi.
......................Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER.
Present: Sh.Nikesh Kinra, Advocate for the complainant.
Sh.Kunal Juneja, Advocate for opposite party No.1, 2 and 4.
Opposite party No.3 already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case, as per the complainant are that complainant had purchased one refrigerator on 15.08.2019 from Reliance retail situated at Rohtak. The delivery of the said refrigerator was done on 16.08.2019 alongwith the invoice of Rs.35881.31. The product was covered under a warranty of 3 years and 10 years warranty on compressor for which the applicant had paid an amount of Rs.3988/- towards the charges for the said extended warranty. In the month of July, the performance of the refrigerator started decreasing and the cooling of the upper portion of the refrigerator was severally affected. Thereafter the problem got worsened in the month of August and on 01.09.2019, he made a complaint on the helpline number of the company and the engineer of the service centre visited the house of the complainant on 01.09.2019 and said that the setting of the refrigerator is not properly done and he made some setting in the control panel of temperature and said that the refrigerator is ‘OK’. But the problem was not resolved so the complainant called the service engineer on 02.09.2020. The service engineer visited the house of complainant on 04.09.2020 and after checking the refrigerator he told that this time the problem is due to ‘fan motor’. But on 05.09.2020 he told that the problem is not in the ‘fan motor’ but instead due to ‘refrigerant not travelling to the upper part of the refrigerator and choking in some part of the pipeline’. This time he showed his helplessness to resolve the problem and after talking to the officials of the company, he told that the refrigerator need to be taken to the service centre of the company. Complainant agreed for the same and the official of the company told that the complainant will surely get the product back by evening with problem being rectified. But they delivered the refrigerator on 10.09.2020. This time also the refrigerator was still with the same old condition and problem could not be resolved. The complainant again raised the issue on 11.09.2020 but despite repeated calls and complaints to the officials of the company, problem was not resolved and the complainant had to purchase a new refrigerator and has to spend an extra amount of Rs.40000/- during the time of pandemic and financial crises. The complainant suffered physically as well as mentally due to the fault and failure on the part of opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to compensate the complainant for the losses and suffering caused to him to the tune of Rs.450000/- and to pay Rs.50000/- as cost of litigation to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Notice issued to opposite party No.3 received back duly served. But none appeared on behalf of opposite party No.3. As such, opposite party No.3 was proceeded against exparte vide order dated 11.11.2022 of this Commission. Opposite party No.1, 2 & 4 in their reply has submitted that the complainant is trying to get illegal benefits by concealment of material facts of the case. The present complaint is nothing but a result of mere sheer and greed of complainant. In fact the complainant purchased a refrigerator from Reliance Retails Limited who is not a party to the complaint. The complainant purchased refrigerator vide product serial number-1070719 invoice dated 15.08.2019. The amount of Rs.35881/- has been paid including extended warranty of Rs.3988/-. The opposite party has provided services to the complainant on each and every occasion. A complaint was made by the complainant in regard to the unit in question. The opposite party immediately responded and the engineer visited the premises of the complainant. The complainant requested to get refund for his product and only on account of goodwill gesture and just only to retail its customer, the answering opposite party agreed to give refund of invoice amount and accordingly, a request for refund of the product was raised by the officials of company and an amount of Rs.35881/- has been refunded to the complainant on dated 18.09.2020. As such there is no deficiency in service on the part of opposite parties and dismissal of complaint has been sought.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C9 and closed his evidence on dated 02.06.2023. Learned counsel for opposite party No.1, 2 & 4 has tendered affidavit Ex.RW1/A, document Ex.R1 to Ex.R2 and closed his evidence on dated 19.07.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. We have minutely perused the documents placed on record. In the present case it is not disputed that as per documents Ex.C1 to Ex.C3, complainant had purchased a Refrigerator from the reliance retail on dated 15.08.2019 for a sum of Rs.35881/- including the extended warranty of Rs.3544/-. Copies of SMS placed on record as Ex.C5 to Ex.C8 shows that there was some defect in the unit in question and the same was sent to the service station but the problem could not be resolved by the opposite parties. But on the other hand, as per reply of complaint, affidavit and credit note Ex.R2 it is observed that an amount of Rs. Rs.35881/- including extended warranty of Rs.3988/- has been refunded to the complainant by the Reliance Retail Limited on dated 18.09.2020, which has not been denied by the complainant during his arguments. It is also on record that the complainant has received the amount on 18.09.2020 and has filed the present complaint on 15.09.2022 i.e. after approximately 2 years. However, copy of complaints made by the complainant shows that the defects of the refrigerator could not be removed by the opposite party despite their repeated repairs for 10 days. Due to which complainant and his family members felt uncomfortable as there was period of Covid-19 pandemic at that time and all the family members of the complainant were at home. Hence the complainant has suffered mental agony and harassment and there is deficiency in service on the part of opposite parties No.1 & 2 being manufacturer.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 & 2 to pay a lump sum compensation of Rs.5000/-(Rupees five thousand only) on account of deficiency in service as well as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
12.10.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member
