Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 145
Instituted on : 26.02.2020
Decided on : 29.05.2024
Ashwani Kumar age 36 years, s/o Sh. Umed Singh R/o VPO Baliana Tehsil Sampla Distt. Rohtak. Mobile mno.9996953790.
……….………….Complainant.
Vs.
- Verma Electronics, 8 Palika Bazar, Rothak-124001.
- Whirlpool Refrigerator, Whirlpool of India Ltd. Plot No.A-4, MIDC, Rangangaon, Taluka, Shirur, Distt. Pune-412220 Maharashtra, India.
...........……Respondent/opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Complainant in person.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are he purchased a refrigerator 265 liter two star convertible make Whirlpool model 21321 from the opposite party No.1 on 22.02.2020 vide bill no.10205 for a sum of Rs.25200/- whereas the price of alleged refrigerator on the site of company is Rs.19490/-. He explained the same to the opposite party No.1 but the opposite party told that there will be no relaxation in the price. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the extra amount charged from the complainant and also to pay compensation of Rs.20000/- on account of misguiding the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Notice issued to opposite party no.1 did not receive back either served or unserved and therefore, after expiry of statutory period of one month, opposite party no.1 was proceeded against exparte vide order dated 17.11.2021 of this Commission. Opposite party no.2 in its reply has submitted that the allegation of the complainant is only regarding price difference on a website and what the opposite party No.1 has charged. There is no complaint regarding the deficiency in service or manufacturing defects in the refrigerator. The complainant did not mention which website he is referring to and which model he is talking about. Hence the claim of the complainant is unjustified and opposite party No.2 prayed for dismissal of complaint with cost. However, opposite party no.2 did not appear on 22.09.2022 and was proceeded against exparte vide order dated 22.09.2022 of this Commission.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C3 and has closed his evidence on 20.05.2022.
4. We have heard the complainant and have gone through the material aspects of the case very carefully.
5. In the present case, the grievance of the complainant is that the opposite party no.1 has charged excess price of refrigerator from the complainant than the price shown in the website of company. As per bill Ex.C1, he had purchased a refrigerator model ‘265 liter two star convertible make Whirlpool model 21321’ for Rs.25200/- from the opposite party No.1. Complainant has placed on record copy of price list of Whirlpool refrigerators Ex.C3 which is taken from the website of company. The complainant is relying upon the price of ‘Whirlpool NEO DF278 PRM 265L 2 Star Frost Free Double Door refrigerator’ shown in Ex.C3 and the price of this model is shown as Rs.19490/- whereas the model of the refrigerator of complainant is ‘265 liter two star convertible make Whirlpool model 21321’ which is different from the alleged model. The price of ‘265 liter two star convertible make Whirlpool model 21321’ is not mentioned in the alleged price list. Hence the complainant has failed to prove the fact that any excess amount has been charged from the complainant. As such there is no deficiency in service on the part of opposite party and the present complaint stands dismissed with no order as to costs.
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:
29.05.2024.
........................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
……………………………….
Vijender Singh, Member
