Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 223
Instituted on : 25.04.2023
Decided on : 29.07.2024
Chanchal Rani age 63 years, wife of Shri Ashok Kumar Miglani, resident of House no.349/25, Ram Lila Ground, Gandhi Nagar, Rohtak, Tehsil & District Rohtak.
………..Complainant.
Vs.
- Verma Electronics, Shop no.8, Palika Bazar, Rohtak Tehsil and district Rohtak-124001, through its Proprietor/Authorized Person.
- Panasonic Life Solutions India Private Limited, 12th Floor, Ambience Tower, Ambience Island, NH-8, Gurugram-122002 through its Authorised person.
……….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh.AjaySachdeva, Adv. for the complainant.
Opposite party No.1 & 2 already exparte.
(Opposite party No.2 was proceeded against exparteV.O.D 11.08.2023
and joined the proceedings V.O.D 22.07.2024 of this Commission).
ORDER
NAGENDER SINGH KADIAN PRESIDENT:
1. Brief facts of the case as per the complainant are that she had purchaseda washing machine from the opposite party No.1 vide invoice no.23534 dated 26.09.2022 for a sum of Rs.26000/-. The said washing machine was installed by the authorized officials of the opposite party no.2 at the premises of complainant. After installation of the said machine, the same started misfunctioning and was not performing its work as per the assurance given by the respondents. The timer of the machine was not working properly and was out of order. Complainant contacted the Toll free number of respondent no.2 in this regard vide call registration no.R14112218816985 dated 14.11.2022, upon which the official/technician of the respondentno.2 had come to the house of complainant, seen the condition of the said washing machine and started repairs for the same. The technician told that there was a defect in one of the part of washing machine and it would have to be replaced within a short span of time. But despite the assurance of the respondents, the said officials has never returned back to get the same part replaced with a new one, rather the complainant again contacted the Toll-Free number of respondent no.2 through complaint registration no.R06012319060939 dated 06.01.2023. The technician of opposite party no.2 again came to the house of complainant and he again gave the same assurance. But the said official has never returned back to get the same replaced with a new one. The officials of the opposite party no.2 stated that there is manufacturing defect in the said machine which cannot be repaired. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the price of washing machine Rs.26000/- alongwith interest @ 24% p.a. from the date of purchase till its realization, to pay Rs.100000/- as compensation and Rs.22000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Notice issued to opposite party No.1 received back duly served and notice issued to opposite party No.2 through registered post also received back served but none appeared on behalf of opposite party No.1& 2. As such opposite party no.1 vide order dated 16.06.2023 and opposite party No.2 vide order dated 11.08.2023 respectively of this Commission were proceeded against exparte. Ld. Counsel for the opposite party No. 2 moved an application for setting aside the exparte order but the same was dismissed. However, written arguments have been placed on record by ld. Counsel for the opposite party No. 2.
3. Ld. counsel for complainant in his evidence has tendered affidavit Ex. CW1/A and documents Ex.C1 to Ex.C2 and closed the evidence on 20.05.2024.
4. We have heard learned counsel for the complainant and have gone the written arguments filed by ld. Counsel for the opposite party No. 2 as well as material aspects of the case very carefully.
5. In this complaint the washing machine has been purchased by the complainant on dated 26.09.2022 for a sum of Rs.26000/- from the respondent no.1. As per the complainant the defect has been occurred in the washing machine and he contacted the respondent no.2 through toll free number and a complaint has been registered vide registration no. R14112218816985 dated 14.11.2022. After that a technician of the respondent visited to the house of the complainant and as per complainant the technician stated that one part of the washing machine would be replaced and he will install the same within a short span of time. It is further submitted that the technician never returned back to replace the defective part of the machine. They again registered a complaint with the respondents vide complaint no. R06012319060939 dated 06.01.2023 and repeated the same fault but the respondents failed to remove the defects. We have minutely perused the written arguments filed by respondent no.2. As per the written arguments, the technician visited thehouse of the complainant and inspect the washing machine unit and observed that the said washing machine was working fine. However the complainant insisted to check the water leakage. The technician readjusted the washing machine for the satisfaction of the complainant. Accordingly job sheet was duly signed by the complainant with specific observation as “water leakage issue and adjustment done”. Thereafter again a complaintwas made on 06.01.2023 by the complainant and this time technician again visited the house of complainant and checked the machine. Upon inspection the unit was working as per specification and same was communicated to the complainant. But complainant refused to sign the job sheet and requested to replace the same.
6. We have minutely perused the documents placed on record by both the
Parties. The complainant failed to place on record any technical report to prove the fact that there is defect in the washing machine. No job sheet has been placed on record by the complainant. All the complaints were well attended by the respondents. In the absence of any technical expert report, complainant has failed to prove any deficiency in service on the part of opposite parties. As such 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:
29.07.2024.
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Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member
