Delhi

North East

CC/37/2022

Sartaj Khan - Complainant(s)

Versus

Toshiba Electronics India Group - Opp.Party(s)

13 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No.37/22

 

 

In the matter of:

 

	Sartaj Khan S/o Sh. Afsar Khan, R/o 231, Gali No. 12, Jafrabad, Delhi	Complainant
	Versus
1.             2.	Toshiba Electronics India Group, Through its A.R/A.S/Manager/Director Regd. Office 3rd and 4th Floor, Building No. 10, Tower B, DLF Cyber City, Phase II Gurugram Haryana 122010   EP Electronia Paradise Pvt. Ltd., Through its A.R/A.S/Manager/Director At- A-3, Main Road, Kanti Nagar Extn., Delhi 110051	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

28.02.2022 24.05.2023 13.09.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

 

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant had purchased a refrigerator from the Opposite Party No. 2 on 03.02.2021 for an amount of Rs. 21,000/- having one year warranty and the said product was also under extended warranty as per clause-4 of product warranty terms and conditions. Complainant stated that the said refrigerator was having inherent manufacturing defect from the date of purchase. Complainant sent message to the Opposite Party No. 2 from his mobile and the same was received vide service request on 10.08.2021. Thereafter, Complainant sent the several messages to the Opposite Party No. 2. Complainant stated that the representative of the company visited the house of the Complainant and inspected the said refrigerator but could not rectify the fault of the refrigerator. Complainant stated that thereafter the compressor of the said refrigerator was replaced but even then the refrigerator was not functioning properly and no cooling was there in the refrigerator. Complainant stated that the representative of the company visited the house of the Complainant and inspected the said refrigerator but could not rectify the defect and told the Complainant that the said refrigerator would have to be replaced as the fault in the said refrigerator could not be rectified. Complainant stated that the representative of the Opposite Party told that he would be forwarding the complaint of the Complainant to the company and the same would take around two weeks. Complainant stated that after several visits, Opposite Parties did not replace the said refrigerator. Complainant sent a legal notice to the Opposite Parties but after the receipt of the legal notice, the Opposite Parties neither replied nor complied the same till date. Hence, there is deficiency of service on the part of Opposite Parties. Complainant has prayed to direct the Opposite Parties to replace the refrigerator in question or to refund the cost of the refrigerator i.e. Rs. 21,000/-. Complainant also prayed for an amount of Rs. 2,00,000/- as compensation and Rs. 21,000/- on account of litigation expenses.
2. None has appeared on behalf of the Opposite Parties despite service of notice to contest the case. Therefore, Opposite Parties were proceeded against  ex-parte vide order dated 07.02.2023.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his c
4. ase filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

5. We have heard the Ld. Counsel for the Complainant. We have also perused the file and written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Parties did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
6. In view of the above discussion, the complaint is allowed. Opposite Party No. 1 is directed to pay an amount of Rs. 21,000/- i.e. the cost of the refrigerator to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery after receiving the old refrigerator from the Complainant. Complainant is directed to hand over the old refrigerator to the Opposite Party. Opposite Party No. 1 is also directed to pay an amount of  Rs. 10,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.
7. Order announced on 13.09.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)		(Surinder Kumar Sharma)
(Member)		(President)