Delhi

East Delhi

CC/581/2015

SHIVANI TYAGI - Complainant(s)

Versus

VIDEOCON - Opp.Party(s)

17 Oct 2016

ORDER

                  DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         581 / 2015

                                                                                                  Date of Institution                  04/08/2015

                                                                                                  Order Reserved on                 17/10/2016

                                                                                                  Date of Order                          20/10/2016   

                                                                                                        

In matter of

 

Mrs. Shivani Tyagi, adult 

w/o Sh Virender Mohan Bijalwan

R/o Flat no 08 Anupam Apartments

Vasundhara Enclave, Delhi 110096.……………….……..…………….Complainant

                                                                  

                                                                     Vs

 

1-M/s Videocon Industries Ltd

296, Udhyug Vihar Industrial Area Phase 2

Gurgaon 122001

 

2-The Manager,

Galaxy Solution

A 18, 100 Futa Road Hardev Puri

Shahdara Delhi 110093……………………………...………………………  Opponents

 

Complainant……………………………………In  Person

 

Opponent ……....……………………………..Ex Parte

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                   

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

 

Brief Facts of the case                    

 

 

Complainant stated that the AC developed water leaking problem on 16/06/2015 so called OP1 on 17/06/2015 and that same problem was rectified and for the services of engineer, she paid Rs 550/ vide receipt no 032/book no 23 annexed here as Annexure I.

Complainant stated that the same problem restarted and called OP 1 which was too attended by the service engineer. The engineer told complainant that the outlet water pipe was blocked, so required to be changed and would cost Rs 4450/. Later the same defect was rectified after replacing the new part and amount including service charges was too paid Rs 4450/- vide receipt no. 046,book no. 19.

Complainant stated that the same water leaking problem restarted, so she called OP2 on 02/07/2015. It was assured for early service by OP2. But no one attended the complaint despite of sending number of emails. Only assurance was given by OP2. Hence, she filed this complaint for the deficiency in services by OPs and claiming refund of repairing charges Rs 20,000/- harassment and mental agony Rs 30,000/- with litigation charges Rs 2000/-.

Notices were served. OP area manager appeared and complaint copy was received by him, but did not file their written statement or any evidences on affidavit despite of giving ample opportunities. The case was preceded Ex Parte against OPs. Complainant filed her Ex Parte evidences on affidavit. Arguments were heard and order was reserved.  

We have gone through all the facts and evidences on record. It was evident that complainant approached OP1 for rectifying water leaking problem repeatedly and had paid the service charges and also for blocked outlet pipe also.

 

Despite of this, the defect remained as it was. Even complaining to OP2, did not resolve her complaint. More so, after receiving the complaint copy by OP, did not submit their reply or evidences and also not put their appearance in argument stage, thus complainant had proved deficiency in service by OPs.  

So, we are of the opinion that this complaint be allowed with the following order -

1. OPs are directed to rectify the defect in the said AC within 30 days from the receiving of the order and hand over to complainant in good working condition.
2. We also award compensation of Rs 5000/- for mental and physical harassment caused to complainant with Rs 1000/- as litigation charges.
3. If order is not complied within the time essence, OPs shall be liable to pay entire awarded amount with 9% interest from the date of filing of this complaint till realization.

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs  Harpreet Kaur                                                                                  (Dr) P N Tiwari

Member                                                                                                     Member                                                                                    

                                                 Shri Sukhdev Singh

                                                             President