Delhi

North East

CC/274/2022

SH. RAJU SINGH - Complainant(s)

Versus

VOLTAS - Opp.Party(s)

04 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.274/22                                  

In the matter of:

 

	Sh. Raju Singh S/o Smt. Bhuriya Devi R/o H.No. A 17/3 St. No. 02, Ankur Enclave, Karawal Nagar, Dayal pur, North East, Delh-110006	Complainant
	Versus
1.         2.           3.	Jain Communication R/o H.NO. A 261, Main Road, Near Veer Sawarkar Hospital Karawal Nagar, Delhi-110094   Chawla Refrigeration C 30, Main Road, Near Welcome Metro Station, Kanti Nagar, East, Shahdara, Delhi-110051 (Deleted)   Voltas ( Corporate Office) R/o A 43, Mohan Co-operative Industrial Area Mathura Road Near Haldiram Delhi-110044	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

09.06.22 03.04.24 04.06.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

 

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 04.03.22 Complainant purchased a D-Fridge from Opposite Party No.1 on EMI for Rs. 25,000/-. Thereafter on same day at 9:30 p.m. the said fridge stopped working properly thereafter all the items which were kept in the fridge got decomposed. On next day 05.03.22 the Complainant contacted authorised service dealer of Opposite Party they sent some employees and they checked the fridge and said fan meter was not working so they have to change it and Complainant had to pay for that as it was not in warranty. After 15 days said fridge again stopped working then Complainant contacted Opposite Party on same day and after 2 days employees of Opposite Party company came and checked the fridge and said there is some technical problem in it, due to which we will have to take it with us. The Opposite Party assured Complainant that the fridge will be repaired in 2 days but 10-15 days passed and the fridge became out of warranty and Complainant was charged for repairs. The Complainant stated that even after repairing number of times it was not working properly. Hence, this shows deficiency in service on behalf of Opposite Parties. The Complainant has prayed for Rs.25,000/- along with 24 % p.a. interest or provide a new D-fridge and Rs.15,000/- for the material of shop decomposed in the fridge. He further prayed for Rs.51,000/- for mental harassment and Rs.21,000/- towards litigation expenses.
2. None has appeared on behalf of the Opposite Party No.1 and Opposite Party No.3 to contest the case. Therefore, Opposite Party No.1 and Opposite Party No.3 were proceeded against ex-parte vide order dated 16.02.23 and 16.12.22 respectively.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party No.1 and Opposite Party No.3 did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed. The Opposite Party No.3 is directed to pay Rs.25,000/- with interest @ 9 % p.a. from the date of filing the complaint till recovery to the Complainant against the receipt of the defective fridge in question from the Complainant. The Opposite Party No.3 is further directed to pay Rs.20,000/- to the Complainant on account of  mental harassment and Rs.10,000/- towards litigation expenses along with interest @    9 % p.a. from the date of this order till recovery.
6. Order announced on 04.06.24.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)		(Surinder Kumar Sharma)
(Member)		(President)