BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.106 of 2015

Date of Instt. 17.03.2015

Date of Decision :21.07.2015

Arvind Kumar son of Ashwani Kumar R/o House No.40, New Gopal Nagar, Ward No.32, Jalandhar City.

..........Complainant Versus

1. Vishal Mega Mart, Shakti Land Tower, BMC Chowk, Jalandhar (Punjab) TIN No.03202084958.

2. M/s Baltra Electric, 12A/37 Basement of Vishal Hotel Residency, Sarswati Marg, Karol Bagh, New Delhi.

.........Opposite parties

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Complainant in person.

Sh.VB Mehta Adv., with Sh.Pankaj Kumar Adv., counsel for OPs.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act, against the opposite parties on the averments that the complainant had purchased a Microwave (10 Ltr Model BOT 901) of Baltra Electric from the opposite party No.1 vide invoice No.0004524 batch No.000400 on dated 10.6.2014 with one year warranty by paying amount of Rs.3688.20 through debit card No.12630000000428. In the warranty card it is clearly mentioned that if any defect is found in the product it would be repaired or replaced. When the complainant purchased the said microwave from opposite party No.1, he faced trouble in the same and immediately contacted with the opposite party No.1, and on the request of the complainant they have replaced it. After getting new piece of the product, the complainant had not used the same for 2-3 months and when after 2-3 months he tried to operate the same he again faced trouble and then contacted with Vishal Mega Mart. The persons of Vishal Mega Mart tried to play game with the complainant and on every visit of complainant, they sent back the complainant by giving new reason, but did not repair or replace the same till now. The complainant deposited the said product with Vishal Mega Mart for repair on dated 14.1.2015 but till date it has not been repaired or replaced nor he has received any satisfactory answer from the Vishal Mega Mart. On such like averments, the complainant has prayed for directing the opposite parties to pay him compensation.

2. Upon notice opposite parties appeared through counsel but written reply was filed on behalf of opposite party No.1 only pleading that the answering company is merely the seller of the product in question i.e Microwave (10 Ltr.Model BOT 901) Make Baltra and the same has been sold in the condition as and when purchased from the manufacturer. Without admitting even if it is assumed that the said microwave had certain defects in it then also the answering company being merely the seller of the product owes no liability of whatsoever nature with respect to the service and maintenance of the said product. A plain and simple reading of the warranty card attached alongwith the complaint filed by the complainant makes it ample clear that in case if any defect is developed in the product during the warranty period it would be the sole responsibility of the opposite party No.2 i.e the manufacturer of the product to repair or replace any part of the product. It will not be out of place to mention that the answering company enjoys significant respect and goodwill in the retail sector across the country and keeps its valued customers at the top of its priority and render best possible services to its valued customers to the best of satisfaction. The present complaint is not maintainable in its present form as "Vishal Mega Mart" which has been arrayed as opposite party No.1 in the present complaint is not a juristic person but merely a trade name under which the answering company i.e M/s Airplaza Retail Holdings Pvt. Ltd carries out its business of multi brand retail outlets. It denied other material averments of the complainant.

3. In support of his complaint, complainant has tendered into evidence affidavits Ex.CA and Ex.CB alongwith copies of documents Ex.C1 to Ex.C5 and closed evidence.

4. From the opposite side Sh.Kulbhushan Kumar, Authorized Representative of the opposite parties has tendered affidavit Ex.OP/A and closed evidence.

5. We have carefully gone through the record and also heard the complainant in person and learned counsel for the opposite parties.

6. At the time of arguments learned counsel for the opposite parties made a statement that opposite parties are ready to give new microwave of the same make and model to the complainant with fresh warranty and old microwave is already with the opposite parties. The opposite parties became ready to give new microwave to the complainant after he has filed the present complaint. He had to incur litigation expenses on the present complaint. So he is also entitled to the same.

7. In the circumstance, the present complaint is accepted and opposite parties are directed to give new microwave of the same make and model to the complainant with fresh warranty and in case same model is not available then to refund its price to him. The complainant is also awarded Rs.1000/- on account of litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

21.07.2015 Member Member President