Delhi

North East

CC/222/2015

Sh. Ram Mohan Arora - Complainant(s)

Versus

The Manager, Delta Trading company - Opp.Party(s)

31 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 222/15

 

In the matter of:

	Sh. Ram Mohan Arora B-156, Ashok Nagar, Shahdara, Delhi-93	Complainant
	Versus
1.         2.	The Manager, Delta Trading Company 5051/24A, Netaji Subhash Marg, Darya Ganj, New Delhi-110002.   The Managing Director Western Refrigeration Pvt. Ltd H. No. 7/B, Panna Lal Silk Milk Compound, 78, LBS Marg, Bhandup (W)                        Mumbai-400078	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

26.05.2015 30.08.2018 31.08.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. The case of the complainant is that he is running a small daily needs shop for a living which is source of livelihood for his entire family. To increase his earning by purchasing a refrigerator to keep milk products and cold drinks, the complainant on 04.07.2014 had purchased a Western Chest Freezer 425 H, S. No. 32477140500058 manufactured by OP2 company from OP1 dealer vide receipt  No. 5350 and book No. 117 for a sum of Rs. 24,600/- inclusive of Vat and Freight charges with one year warranty thereon. However, the above fridge functioned for about 10 months and thereafter it went out of order. The complainant lodged first complaint on 15.05.2015 with OP2 and a mechanic named Keshav reach to repair the refrigerator but could not repair the same and told the complainant that there was great fault in the said refrigerator. It has been further stated by the complainant that he made several calls on mobile no. 7428383729 and 7428383730 to mechanic of OP2 and again to the supervisor to the complainant service centre Shri Mukesh on mobile number 7859958313 and one Rajeev Joshi, Manager of service centre of OP2 but to no avail. Further the complainant made several complaints to OP1 telephonically and also to OP2, who sent their engineers after many calls made to them but with no result as none of them could detect the fault in the freezer and the same could not be repaired and they told the complainant that only a senior engineer can repair it. Further even a senior engineer namely Bashisht Kumar tried to repair it on 19.05.2015 vide work order no. WRL/13-14/1173/71215 but he too left the freezer without repairing it and handed over the said jobcard / work order with action taken report as “Machine Internal leakage, machine left by office”. Thereafter, no one ever came from the service centre to repair the said fridge or replace it and the complainant had to face a lot of problems in the absence of working freezer and loss of earning of Rs. 1,000/- daily due to the heavy fault in the freezer as there was no cooling and as such the complainant could not store any milk product or cold drink or sell the same to his customers and the complainant had to bear all such losses due to the fault in refrigeration manufactured by OP2 and sold to him by OP1. The complainant wrote e-mails to OP2 on 31.05.2015 at its Darya Ganj, Delhi and Mumbai office and legal notice dated 09.06.2015 but all went unheeded to by the OPs. Lastly the complainant was constrained to file the present complaint before this Forum praying for issuance of directions to OPs to pay Rs. 24,000/- as legal expenses and damages amounting to Rs. 50,000/- in favour of the complainant.

Complainant has attached copy of work order no. WRL/13-14/1173/ 71215 dated 19.05.2015, retail invoice bearing no. 5850 book no. 117 dated 04.07.2014 for an amount of Rs. 24,600/- towards the purchase of above said freezer from OP1, copy of e-mails and phone numbers of service centre (OP2) and copy of legal notice dated 09.06.2015 with postal receipt.

2. Notices were issued to OPs on 10.08.2015 for appearance before this Forum on 02.09.2015 which were duly served to the OPs. OP2 was represented by the Manager Services on 12.10.2015 vide authority letter dated 16.10.2015 and he was provided the copy of complaint alongwith annexures. However, none appeared in subsequent hearings on behalf of OPs and as such both OPs were proceeded against ex-parte vide order dated 14.12.2015.
3. Ex-parte evidence by way of affidavit was filed by the complainant wherein complainant exhibited  CW1/D i.e. copy of work order no. WRL/13-14/1173/75250 dated 14.08.2015 from OP2 wherein it was mentioned that the freezer was repaired on 14.08.2015 was working properly and complainant prayed for compensation for loss of earnings in the peak time between mid May 2015 to Mid August 2015 when the refrigerator was out of work.   
4. Written arguments were filed by the complainant wherein the complainant prayed that his submission for compensation for  loss of earnings for three months in peak season be considered due to defective refrigerator and he be granted relief as prayed for against OPs for delivering a defective refrigerator. 
5. We have heard the arguments addressed by the counsel for the complainant and have also gone through the evidence submitted by him in support of his contentions.

We are of the view that in the absence of any rebuttal by the OPs, the complainant has succeeded in establishing a case of deficiency of service on the part of OPs for the delay in repairing the above mentioned freezer during the summer peak time resulting in loss of earning / livelihood in peak summer season. However the complainant has admitted to the fridge in question running satisfactory since repair in August 2015 onwards. We therefore direct the OPs jointly and severally to pay compensation of Rs. 3,000/- for harassment and damages caused to the complainant by the OPs and Rs. 2,000/- towards the cost of litigation charges to the complainant payable by the OPs within a period of 30 days from the date of receipt of copy of this order, failing which interest @9% per annum shall be payable by the OPs jointly and severally to the complainant on the total amount of Rs. 5,000/- from the date of the order till realization.

6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 31.08.2018

 

(N.K. Sharma)      President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member