DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO. 257 of 2014.
DATE OF INSTITUTION: - 2.9.2014
DATE OF ORDER: - 24.7.2015.
Ishwar Goyal son of Neki Ram, resident of village Sankrod, tehsil and district Bhiwani, prop of Babli Misthan Bhandar, Old Bus Stand, Bhiwani, tehsil and district Bhiwani.
……………Complainant.
VERSUS
- Voltas Limited, Voltas House A Block, Dr. Babasaheb Ambedkar Road, Chinchpoli Mumbai 400 033 (through its Managing Director).
- The Aggarwal’s 111 Crown Plaza (old bus stand), Bhiwani 127021 Haryana.
- Mahender Vadhwa, Authorized Service Centre Voltas Ltd. Krishna Colony, Bhiwani.
………….. Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President.
Shri Balraj Singh, Member.
Smt. Anita Sheoran, Member.
Present: - Shri Manoj Tanwar, Adv. for complainant.
Ops No.2 & 3 ex parte.
Defense of OP No.1 struck off vide order dated 7.5.2015.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that he had purchased one Voltas 500 Ltrs. Look chest freezer from OP No.2 vide bill No.82 dated 25.4.2014 for as sum of Rs.26500/-. It is alleged that soon after purchase the Freezer became defective within warranty period and complaint was lodged with the opposite parties. The complainant visited the service centre of respondent company several times and requested to repair the same but it flatly refused to do the needful. The complainant further alleged that he had also got served a legal notice through his counsel but of no effect. Hence the complainant was deprived of use of the Freezer and suffered a loss. Now the complainant has claimed for refund of the amount along with compensation and costs by way of filing present complainant.
2. Opposite Parties No.2 & 3 have failed to come present despite service. Hence, they were proceeded against ex parte by this Forum vide order dated 10.2.2015.
3. OP No.1 has failed to file written statement despite availing several opportunities including last one. Therefore, his defense was struck off vide order dated 7.5.2015.
3. In order to make out his case, the complainant has placed on record Annexure C1 Photostat copy of Bill dated 25.4.2014, Annexure C2 Photostat copy of Legal Notice, Annexure C3 AD, Annexure C4 to C6 Photostat copy of postal receipts, Annexure C7 Registered Cover Note, Annexure C8 AD and Annexure C9 Photostat copy of instructions along with supporting affidavits CW1/A CW1/B.
4. We have gone through the record of the case carefully and have heard the Ld. Counsel for the complainant.
5. Learned counsel for the complainant contended that freezer in question is having manufacturing defect. The complainant in his evidence has not produced any material in support of his contention that the freezer in question is having any manufacturing defect. The onus heavily lies on the complainant to prove its allegations regarding the manufacturing defect in the freezer. In the absence of cogent evidence to support the contention of the complainant, it cannot be said that the freezer is having any manufacturing defect. However, the opposite parties are bound to make necessary repairs for the proper working of the freezer of the complainant.
6. In view of the above discussions, complaint of the complainant is partly allowed and the OPs are directed to make necessary repair in the freezer of the complainant. The complainant is also awarded Rs.1000/- as cost of this complaint.
Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 24.7.2015. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anita Sheoran), (Balraj Singh),
Member. Member.
