View 564 Cases Against Whirlpool
Rakesh Arora filed a consumer case on 12 Sep 2018 against Whirlpool of India Ltd. in the West Delhi Consumer Court. The case no is CC/14/373 and the judgment uploaded on 14 Sep 2018.
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
(PUNEET LAMBA) (K.S. MOHI) MEMBER PRESIDENT
Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes
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.