Delhi

West Delhi

CC/14/373

Rakesh Arora - Complainant(s)

Versus

Whirlpool of India Ltd. - Opp.Party(s)

Yogesh Kumar

12 Sep 2018

ORDER

 

                    CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                           GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

                                                                                                 Date of institution: 17.06.2014

                                                                                                 Date of order:    12.09.2018

Complaint Case. No.373/14                                                                    

IN  MATTER OF

Shri Rakesh Arora S/O Shri Brij Mohan Arora R/O DB-89B, DDA Flats, Hari Nagar, New Delhi-110064                                                                                                                                                                                                                                                                 Complainant

VERSUS

M/S Whirlpool of India Ltd., Through its Director, Whirlpool house, Plot no.40, Sector-44, Gurgaon, Haryana-122002

                                                                                                                        Opposite party-1

 

M/S Sachdeva Electronics Pvt. Ltd., Through Its Director, GL-22, Jail Road, Hari Nagar, New Delhi-110064

                                                                                                                        Opposite party-2

 

                                                                                                                       

                                    ORDER

PUNEET LAMBA, MEMBER

                        The complainant has filed complaint U/S-12 of the CPA against the OPs for deficiency in service. Briefly stating that the complainant purchase one refrigerator model and make WP REF -41(410) DLX PROF.CRY. INOX-12476 vide invoice dated 09.06.2011 for sale consideration of Rs. 31,500/-. Refrigerator in dispute developed fault regarding cooling and safety system within one year. The complainant immediately contacted the service engineer of the op-1 and he repaired the refrigerator by replacing the defective parts on payment. The fault in Refrigerator time and again arose and the same was repaired by the engineers of OP-1 on payment but  in Dec. 2013 the OP suggested complainant that the refrigerator is un-repairable and there is serious security threat to the life of the complainant and his family member as it can explode any time if continued in usage.    Thereafter  the complainant was compelled  to switch off the refrigerator and approached Op-2 and lodged his complaint for replacement of the same.  After many follow ups with Op-2 it was ready to replace the refrigerator after deducting 40-45% depreciation amount and the complainant was asked to pay price deference between the old and new refrigerator. The complainant agreed to the proposal offered by the Op and gave confirmation to replace the same but OP failed to do immediately even after receiving sum of Rs. 26,200/- on account of difference amount as required by the OP. The OP is deficient in providing services and its approach is unprofessional and unethical.

                        Hence the present complaint for directions to the Op to pay Rs. 2,76,200/- with interest @ 24% P.A from date of the filing of the complaint till actual realization.

                        Notice of the complaint was sent to the OPs but OPs were proceeded ex-parte vide order dated 26.11.2015.

                        The complainant was asked to file affidavit of evidence he tendered his ex-parte evidence dated 17.01.2018 reiterating the facts of the complaint and further  deposed  that the refrigerator in dispute, after several months of  persuasion and follow ups was finally replaced on 08.05.2014. He also relied on invoice dated 09.06.2011, job sheet no. 15928 and 2631 several emails.  

            We have heard counsel for the complainant and OP and have gone through the material on record carefully and thoroughly.

                        The only controversy is that the Op gave proposal to the complainant for replacement of the product which was agreed to by the complainant but still the same was not replaced immediately and only after three months approximately  i.e. on 08.05.2014 was replaced. From the perusal of the emails it reveals that the approach of OP is lackadaisical and unprofessional. The emails clearly show that the OP even after promising to replace the product in dispute took months to replace the same. The complainant had to suffer due to inaction of OP and has to remain without refrigerator for many months during summer season. The OP even after receiving Rs. 26,200/- difference amount on 21.03.2014 failed to replace the refrigerator immediately.

Hence we are of the considered view that OP has been deficient in providing services to the complainant and is liable to compensate the complainant. In view of above discussion and circumstances justice would be met to complainant by awarding Rs. 3,000/- towards compensation for harassment, inconvenience and litigation expenses. The payment be made within 45 days from the receipt of the complaint. In case of default of payment in time OP is liable to pay interest @ 6% P.a. from the date of filing the complaint till realization.  

 

Order pronounced on :- 12.09.2018

 

  • Copy of order be sent to the concerned parties free of cost.
  • Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                                                                                              (K.S. MOHI)                       MEMBER                                                                                                              PRESIDENT

 

 

                       

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.