Haryana

Ambala

CC/447/2017

Harpreet Singh - Complainant(s)

Versus

V.K.Electronics - Opp.Party(s)

S.K.Mehta

18 Jun 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no.        :  447 of 2017

                                                          Date of Institution         :  27.12.2017                                                        Date of decision   :   18.06.2018

 

 

Harpreet Singh son of Iqbal Singh resident of 1547/1 and 1595/1 Kaith Majri, near Sabji Mandi, Lamba Cenant, Ambala City.

……. Complainant.

Vs.

 

1.       V.K.Electronics, 10375/6, Chowk Kotwali Bazar, Ambala City, through its authorized signatory

2.       Symphony Limited, Symphony-H.No.F912-TP50, Bodakdev, Off. SG Highway, Ahmedabad-380054, (India), through its authorized signatory.

 

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

                            

 

 

Present:       Sh. S.K.Mehta, counsel for complainant.

OP No.1 ex parte v.o.d. 10.04.2018.

                   OP No.2 already ex parte v.o.d.23.02.2018.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant has purchased a Samsung refrigerator Model No.RR19J20A3SE/TL and Symphony Cooler Model No.Touch-80, from the OP No.1 on 07.05.2017, against a valid bill invoice No.8482 for a sum of Rs.24500/- in cash. After the purchase of seven days of the said cooler the said cooler has gone out of order, as the OP No.1 has supplied the defected cooler to the complainant with malafide intention. The complainant reported the matter to the OP No.1 who took away the cooler and after rectifying the defect  return the same to the complainant. After 15/20 days, the said cooler started leakage the water. The complainant again informed the same to the OP No.1 again rectify the same and handed over the cooler after seven days to the complainant. Near about ten days, the same problem again occurs to the cooler in question. The complainant  again informed the same to the OP No.1 and requested them to replace the cooler as per  assurance but the OP No.1 again stated that one more chance be given to the OP to rectify the defect of the cooler, thereafter the complainant handed over  the cooler To the OP No.1 and till date the said cooler is lying with the OP No.1 and inspite of several visits  the defect in question were not removed from the cooler and the said cooler is still in possession of the OP No.1. Due to this reason, the complainant has suffered harassment, mental agony. Hence, the present complaint.

2.                Registered notices issued to Op No.1   but none has appeared on behalf of OP No.1 and he is proceeded against exparte v.o.d. 10.04.2018. OP No.2 already proceeded ex parte v.o.d. 23.02.2018.

3.                To prove his version complainant tendered his affidavit as Annexure C-A with documents as annexure C-1 to C-2 and close his evidence.

4.                We have heard learned counsel of the complainant and carefully gone through the case file.  

 5.               It is proved on the file that the complainant has purchased a

Samsung refrigerator Model No.RR19J20A3SE/TL and Symphony Cooler Model No.Touch-80, from the OP No.1 on 07.05.2017 vide bill No.8482 for a sum of Rs.24,500/- in cash. Main grievance of the complainant is that the cooler become defective soon after its purchase. Therefore, on his complaint, OP No.1 got the same repaired after making some adjustment. The complainant made a complaint to the OP No.1 that the cooler  started leakage the water and OP No.1 again rectify the same but same problem has occurred  in the said cooler again and again and  the version of complainant duly supported by his affidavit.  Perusal of the case file reveals that the cooler in question is still lying with the OP No.1 who has neither repaired the cooler nor replaced the same with the new one despite the fact that it developed problems again and again and the complainant has to visit the shop of OP No.1. Due to defect in the cooler the complainant has facing many difficulties despite spending handsome amount.  When his grievance was not redressed, therefore, he approached this Forum by way of filing of the present complaint. It is worthwhile to mention here that the provisions of CP Act are liberal in nature and the main aim of this Act is to protect the consumers from the harassment of the manufacturer/dealer etc.

6.                The OPs have failed to sort out the grievances regarding water leakage twice for the same product. In this case OPs have proceeded against ex-parte, therefore, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant. We are of the view, OPs are indulged in an illegal trade practice and also deficient in providing after sale service to the complainant.

7.                     In view of above discussion, the present complaint is deserved to be accepted and same is hereby allowed against the Ops with cost which is assessed Rs. 3000/- and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To refund the amount of Rs. 13,500/- with interest @ 9% from the date of filing of complaint till its realization.

(ii)     Also to pay a sum of Rs.2,000/- on account of cost of proceedings as assessed above.

                   Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :18.06.2018

 

 

 

                                                                            

(PUSHPENDER KUMAR)                   (D.N. ARORA)

              Member                                          President