DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Manjit Singh Chaman s/o late S. Sant Singh r/o H.No.106, Shri Balaji Enclave, Behind Kingston Hotel, Patiala Road, Zirakpur, Distt. SAS Nagar, Mohali.

                                                ---Complainant.

Versus

1.            The Electroage, SCO 363, Sector 35-B, Chandigarh through its proprietor Smt. Rupinder Sood

2.            Samsung India Electronics Pvt. Ltd., Quiet Office No.8, Sector 40-B, Chandigarh through its Branch Manager.

3.            Samsung India Electronics Pvt. Ltd., 2^nd, 3^rd and 4^th Floor, Tower-C, Vipul Tech Square, Sector 43, Gurgaon, Haryana through its General Manager.

-Opposite Parties.

BEFORE:    SHRI LAKSHMAN SHARMA                              PRESIDENT

                   SMT. MADHU MUTNEJA                         MEMBER

                   SHRI JASWINDER SINGH SIDHU           MEMBER

Argued by:  Complainant in person

                        OPs exparte.

PER LAKSHMAN SHARMA, PRESIDENT

1.                        Sh. Manjit Singh has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act only) praying for the following reliefs :-

(i)           to refund the price of the refrigerator ;

(ii)          to pay compensation of Rs.70,000/- for mental and physical harassment;

(iii)        to pay Rs.10,000/- as litigation expenses;

2.                        In brief, the case of the complainant is that he purchased a refrigerator, alongwith LCD and fully automatic washing machine, from OP No.1, vide Invoice No.000484, dated 1.6.2011 (C-1), for a sum of Rs.62,500/-. 

                        According to the complainant, soon after the purchase of the refrigerator, it started giving trouble of giving noise problem and bad smell.  The Complainant reported the matter to the OPs, upon which some mechanic/engineer visited the house of the complainant. He rectified the defect, and thereafter, told the Complainant that now the refrigerator is perfect. However, as per the Complainant, soon thereafter, the same problem occurred again. So, he again approached the OPs to rectify the defect. The mechanic/ engineer visited the house of the Complainant and took away the refrigerator, saying that the same shall be repaired in the workshop. After 15 days, the said refrigerator was returned, with an assurance that it will give good service in future. However, to the utter shock of the Complainant, even thereafter, the refrigerator started giving the same problem. So, the Complainant again approached the OPs, who assured to send the engineer/ mechanic to rectify the defect, but till date, no mechanic/ engineer has been sent to rectify the defects, despite repeated requests.

                        According to the complainant, he is using the products of Samsung for the last 25 years, and is satisfied with the products manufactured by Samsung. However, in this particular refrigerator, there appears to be some inherent manufacturing defect, as the same could not be rectified, despite the mechanic/ engineer of OPs visited several times to rectify the defects and the same refrigerator was also taken to the workshop for repair. 

                        Accordingly, the complainant he requested the OPs to replace the refrigerator with a new one or to refund the price but they flatly refused to do so.  Finally the complainant served a legal notice dated 29.5.2012 (C-4) upon the opposite parties, but to no avail.  According to the complainant, failure on the part of the opposite parties to repair the refrigerator amounts to deficiency in service.

                        In these circumstances, the present complaint has been filed seeking the reliefs mentioned above.

3.                        Opposite parties No.1 & 2 were duly served but they did not appear.  Hence, they were proceeded against exparte.

4.                        Similarly, none appeared on behalf of opposite party No.3 on the date fixed.  Accordingly, it was also proceeded against exparte. 

5.                        We have heard the learned counsel for the complainant and have gone through the documents on record.

6.                        Annexure C-1 is the bill placed on record by the Complainant.  Annexure C-2 is the copy of the receipt issued by the OP No.1.  From the bill Annexure C-1 it is apparent that three products namely LCD, washing machine and refrigerator were purchased by the Complainant for a sum of Rs.55,555.56P and the Complainant paid Rs.6,944.44P as VAT. Thus, he paid a total sum of Rs.62,500/-. In this bill the price of each item has not been mentioned specifically.  In these circumstances, the Complainant furnished his affidavit, wherein he deposed that the price of the refrigerator is Rs.26,500/-.  The Complainant has also deposed that the said refrigerator is within warranty.

7.                        From the material on record, it is apparent that the refrigerator did not function properly from the very beginning, and its defects could not be rectified by the OPs, despite the fact that the defects were repeatedly pointed out to them and efforts were made by them to rectify the defects. Keeping in view the fact that efforts have been made to rectify the defects, repeatedly, and that the defects have not been removed, it will be presumed that there is some inherent manufacturing defect in the refrigerator. Failure on the part of the OPs to rectify the defects or to replace the refrigerator with a new refrigerator amounts to deficiency in service.

8.                        As OPs have failed to contest the claim of the Complainant, all the averments of the Complainant go unrebutted.

9.                        In view of the above discussion, the present complaint is allowed and the opposite parties, jointly and severally, are directed as under :-

(i)          To replace the refrigerator in question with a new refrigerator of the same make/model with fresh warranty.

(ii)        To pay Rs.10,000/- as compensation for mental agony and harassment suffered by the complainant;

(iii)      To pay Rs.7,000/- as costs of litigation.

10.                   This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the OPs shall be liable to refund a sum of Rs. Rs.26,500/-, along with interest @18% per annum from 1.6.2011 i.e. the date the amount was received by the OPs and 18% per annum on the amount of compensation from the date of this order, till it is paid, besides payment of litigation costs.

11.                     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

20.09.2012.

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

 (MADHU MUTNEJA)

MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER