O R D E R
K.S. MOHI, PRESIDENT
The complainant has filed the present complaint against O.Ps under section 12 of the Consumer Protection Act, 1986. The facts as alleged in the complaint are that complainant purchased a whirlpool refrigerator (350 liters) cream colour for Rs.21,450/- vide bill no.12400 from O.P-2 on 24.06.2003. It is alleged that one day the complainant received a call from O.P-1 company executive whereby he had explained the AMC plan launched by the Whirpool Company (O.P-1) where by company on receipt of the consideration amount of Rs.2,290/- would maintain the fridge for six years from the date of AMC i.e. whenever the problem occurs in the fridge the company executive will attend the complaint promptly and replace the faulty parts including wear and tear of the fridge or to check and replace any other thing/ part/ instrument which would cause any problem in the fridge. It is further alleged that executive also explained and assured that the customer availing the AMC have to make onetime payment and no further payment is required to be made for the changing of any service or parts in the fridge or for any visit made by the executive for the inspection of the fridge etc. It is alleged that on insistence and above assurance of the said executive of O.P-1 the complainant activated the plan of AMC regarding his fridge and paid Rs.2,290/- for consideration amount. It is further alleged that from time to time various complaints were made by the complainant including the complaints made on 22.01.2010, 27.01.2010, 03.02.2010, 05.03.2010 and 01.06.2010 respectively regarding the non-working/ defects in his fridge to O.P-1 on the helpline No.41666333 that there is defect in the cooling system of the fridge, due to which all things which are kept inside the fridge got smelly, spoiled, perished and degenerated and also the fridge makes too much noise like a hooter. It is alleged that one of the executive of O.P-1 who had attended complaint regarding the fridge had grossly misrepresented by telling the complainant that in his fridge gas was to filled as no gas was there in the fridge, but in fact it was not so. It is further alleged the said executive told the complainant that refilling of the gas was not covered in the AMC and will cost of Rs.1,200/-. So, the complainant paid Rs.1,200/- to said executive who had attended the complaint. It is alleged that next day executive pretended the refilling of the gas and further told the complainant that the compressor of the fridge is defective as it is not working properly and the compressor needs to be changed. It is further alleged that the fridge of the complainant is still not working properly as there is a defect in cooling system and it gives heavy noise. It is alleged that the O.Ps have sold the above said defective refrigerator to the complainant hence is a deficiency of service on the part of the O.Ps. On these facts complainant prays that O.Ps be directed to refund the price of refrigerator or replace the defective refrigerator and also to pay cost and compensation as claimed.
2. O.P-1 appeared and filed their respective written statements. In its written statement, OP No.1 has not disputed that complainant has purchased the refrigerator and had taken the AMC in question. However, case of OP-1 is that the refrigerator has allegedly been purchased on 24.06.2003. It is alleged that the warranty of the refrigerator has already expired on 23.06.2004 and limitation to invoke the warranty and to claim the relief as prayed, has also expired on 23.06.2005. It is further alleged that after the warranty period the complainant opted for the AMC under which the company is providing the free after sales service for functional parts only (the copy of the AMC contract filed by the complainant is not legible). It is alleged that the complainant has neither alleged any specific manufacturing defect in the refrigerator nor claimed that the alleged defect in the refrigerator is not rectifiable and nor filed any documentary evidence i.e. authenticated report of the expert from the approved laboratories in support of his allegations. Dismissal of the complaint has been prayed for.
3. Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complainant. On the other hand O.P-1 has filed affidavit of Shri Sandeep Sadhu, Branch Service Manager. Parties have also filed their written submissions.
4. We have carefully gone through the record of the case and have heard submission of Ld. Counsel for the O.Ps.
5. The case of the complainant is that despite AMC plan the O.P failed to rectify the defects of refrigerator purchased by the complainant from O.P-1. The plea of the O.Ps on the other hand is that complaint is barred by limitation because the commodity was purchased in 2003 and the present complaint was filed by the complainant in June, 2010. Besides this the O.Ps have denied having issued any AMC plan to the complainant. Now the question is as to whether any AMC Plan as claimed by complainant was ever issued by the O.P and if so whether there was any element of deficiency in service by the O.Ps. The answer is in the negative. We have perused all the documents placed on record by complainant. The complainant has heavily relied upon receipt No.0779 dated 22.06.2004 vide which AMC Plan is claimed to have been executed by O.P on payment of Rs.2290/-. There is no time period recorded in the aforesaid receipt for which the AMC plan would remain in operation. However, the claim of the complainant is that AMC was created for 6 years and was expiring in June, 2010. Surprisingly no terms and conditions are incorporated in the receipt No.0779 nor any time period is indicated. Thus the burden of proof was on the complainant to establish that the AMC vide receipt No.0779 was for a period of 6 months but unfortunately the complainant has miserably failed to place on record any document in this regard. Therefore, there was no deficiency of service on the part of O.Ps. The forum of the opinion complainant failed to establish its claim. Therefore, complaint is rejected.
Copy of this order be sent to the parties as per rules.
Announced this 18th day of December, 2015.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
