BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWNI.

                                                                      Complaint No. 159 of 2014.

                                                                      Date of Institution: 5.6.2014.

                                                                      Date of Order: 7.4.2015.

Parmod son of Laxman Singh, resident of village Sirsa Goghra, tehsil and district Bhiwani.

                              Versus

….…. Complainant.

1. Voltas Authorized Service Centre care of Wadhwa Refrigeration, 70/8, Krishna Colony, Mal Godam Road, Bhiwani.
2. Voltas Limited, A-23, Mohan Co-operative, Industrial Estate, Mathura Road, New Delhi, through its Managing Director.

                                                                      ..…….Respondent.

               COMPLAINT UNDER SECTION 12 OF THE

               CONSUMER PROTECTION ACT, 1986.

Before:         Shri B.D.Yadav, President.

                    Shri Balraj Singh, Member,

                    Smt. Anita Sheoran, Member,

Present:   Complainant in person.

                Shri M.P.Tanwar, Adv. for respondents.

ORDER

                    In brief, the grievance of the complainant is that he had purchased one compressor of the Refrigerator from respondents for a consideration of Rs.9500/- with a warranty of one year. It is alleged that soon after the purchase the compressor had become defective and the complainant approached the respondents for repair but in vain. It is also alleged that the Compressor was within warranty period. It is alleged that the complainant made repeated requests and made several complaints for repair of the Compressor but respondents did not pay any heed. Therefore, the complainant has filed the present complaint for replacement of the Compressor along with compensation and costs.

2.                Respondents have failed to file the written statement despite availing several opportunities and as such their defense was struck off vide order dated 18.3.2015.

3.                The complainant has filed his duly sworn affidavit in his evidence to prove his respective version. 

4.                 We have heard the complainant at length.

5.                 Complainant has argued that Compressor was purchased from respondent No.1 vide Annexure C1 the Photo state copy of bill. A perusal of complaint reveals that the Compressor of the complainant became out of order within warranty period. The version of the complainant is supported by an affidavit. The surrounding circumstances also suggest that the Compressor suffers from manufacturing defect for which respondents are liable.  The respondents have failed to rebut the version of complainant and also did not file written statement despite several opportunities. Therefore, the complaint of the complainant is accepted with costs and respondents are directed:-

1.       To replace the Compressor with new one or to refund the cost along with interest @ 12 % per annum from the date of filing of this complaint till its final realization.

          2.       To pay Rs. 2200/- as litigation charges.

                    The compliance of the order be made within 45 days from the date of receipt of certified copy of the order.  Certified copies of this order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 7.4.2015.                                          

President,

                                                            District Consumer Disputes

                                                            Redressal Forum, Bhiwani.

(Balraj Singh)        (Anita Sheoran)

Member.                Member.