DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 900/2014
D.No.____________________ Dated: ____________________
IN THE MATTER OF:
RAM KISHAN S/o SH. RAM MURAT,
R/o C-447, MANGOL PURI,
DELHI-110083. … COMPLAINANT
Versus
1. VERMA ELECTRONICS,
(THROUGH ITS MANAGER),
F-2/15-16, (OPP.-B-BLOCK BUS STAND),
MANGOL PURI, DELHI-110083.
2. M/s L.G. ELECTRONICS INDIA PVT. LTD.,
A-2, MOHAN COOPERATIVE INDL. ESTATE,
MATHURA ROAD, NEW DELHI-110044. … OPPOSITE PARTY(IES)
CORAM : SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of decision: 19.01.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant purchased a LG-8532 model washing machine with two years warranty from OP-1 on 24.11.2012 vide bill
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no. 112/11164 for Rs.11,000/-. The complainant further alleged that at the time of purchasing the washing machine the complainant was assured by the official of OP-1 that the washing machine is of very good quality and it works very well and on the assurance given by the official of OP-1 the complainant bought the washing machine. But the complainant was shocked and surprised when the washing machine started giving trouble after 18 months with slow speed of machine. Thereafter, the complainant raised a complaint with the customer care no. 18001809999 on 20.07.2014 with complaint no. 140720015439 and the engineer came from the company on 22.07.2014 and reported that the gear box is faulty and it is not covered in warrantee and the engineer demanded Rs.1,450/- for replacing the gear box, but the complainant was shocked and surprised because the washing machine is under warrantee for two years on all parts except Lint filter, knobs, Intel/outlet hose & top covers on warrantee card and the complainant booked a complaint on 25.07.2014 vide complaint no. CNA140725503369 and after that on 30.07.2014 vide complaint no. CNA140730680398 and again on 31.07.2014 vide complaint no. CNA140731719883 but there is no response from OP and inaction on the part of OP falls under unfair trade practice and there is a deficiency in service on the part of OPs.
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2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the price of washing machine Rs.11,000/- alongwith interest from the date of purchasing the washing machine to the complainantas well as compensation of Rs.50,000/- for causing mental pain, agony frustration, monetary, wastage of time, conveyance etc. and has also sought Rs.5,500/- as cost of litigation.
3. OP-1 & OP-2 have been contesting the case and have filed their separatereply/written statement. In its reply, OP-1 submitted that the complaint is notmaintainable, baseless, misconceived and is liable to be dismissed. OP-1 further submitted that the terms & conditions of the sale that the warrantee in respect of product shall be of the manufacturer as per the terms & conditions and in the case admittedly the washing machine was operative satisfactorily for 18 months and thereafter the complaints made by the complainant were duly met by OP-2 who was responsible for the warrantee of products sold. OP-1 further submitted that there is no deficiency in service on the part of OP-1 and the complaint is thus liable to be dismissed as against OP-1.
4. In its reply/written statement, OP-2 submitted that the complaint is not maintainable and is liable to be dismissed. OP-2 further submitted that the washing machine in question was purchased in the year 2012 with two years warrantee and the complainant has
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made only first complaint vide complaint no. RNA140720015439 dated 21.07.2014, on inspection gear box of the machine has minor defect and the customer shows fraud bill of the washing machine. OP-2 further submitted that it is ready to provide repair service of the product in question as per warrantee policy of OP.
5. The complainant filed rejoinder and denied the versions of OPs.
6. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of bill invoice dated 24.11.2012 for purchase of the washing machine for a total value of Rs.11,000/-, copy of warrantee card showing that the LG washing machine comes with 2 years warrantee from the date of purchase, that comprises of a two years warrantee on all parts except Lint Filter, knobs, inlet/outlet hose & Top covers, copies of complaints via e-mail sent by the complainant to OP-2. The complainant has also filed the original bill dated 24.11.2012 of the product.
7. On the other hand, Sh. Mohd. Atif,Deputy Manager ofOP-2 filed his affidavit in evidence which is as per written statement of OP-2.
8. This forum has considered the case of the complainant in the lightof evidence of both the parties and documents placed on record by the complainant. During the course of proceedings i.e. on 12.09.2017, the complainant has stated that he has already sold the old washing machine i.e. the product in question. The
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complainant has thus sold/disposed of the product in dispute without taking the permission of the Forum and as such the complainant has ceased to be a consumer and no benefit can be given to the complainant. Thus, we are of opinion that the complainant has failed to prove his case by way of any cogent evidence and there is no merits in the complaint. The complaint is accordingly dismissed.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 19th day of January, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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