BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 561 of 2019
Date of Institution: 24.7.2019
Date of Decision: 16.10.2019
Mr. Vishal Bhatia S/o Sh. Om Parkash Bhatia R/o H.No. 52, Gali No. 9A, Sunder Nagar, Amritsar
Complainant
Versus
- Whirlpool of India Ltd., Plot No. 40, Sector 44, Gurugram 122002 through its Chairman/Managing Director/Principle Officer
- Bhatia Electronics, Kot Atma Singh Road, B/s Bus Stand, Amritsar through its Prop./Partner/Principal Officer
Opposite Parties
Complaint under section 12 and 13 of the Consumer Protection Act, as amended upto date
Present: For the Complainant: Sh.Bhavneek Singh Sethi, Advocate.
For the Opposite Party No.1 : Sh. Rajpal Chaudhary, Advocate
For the Opposite party No.2 : Representative
Coram
Ms.Rachna Arora, Presiding Member
Sh.Jatinder Singh Pannu, Member
Order dictated by:
Ms. Rachna Arora, Presiding Member.
1. Vishal Bhatia, complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that the complainant purchased one Refrigerator being marketed by opposite party No.1 through opposite party No.2 vide invoice No. 104 dated 20.12.2017 for Rs. 24500/- with 3 years warranty, copy of bill is Ex.C-2. The said newly supplied refrigerator set become non functional and does not have any cooling with fortnight of its installation by the opposite party No.2. The complaint to the said effect was made to opposite party No.2 . The opposite parties replaced the said refrigerator on 18.4.2018 with new one and that too was defective and was again replaced by the opposite parties on 14.2.2019. Again the replaced refrigerator suffering from inherent manufacturing defects . Complaint to the said effect was made to the opposite parties but the opposite parties did not bother to attend to the complaints of the complainant . Till the filing of the present complaint the opposite parties have not made any effort to make good the loss . The aforesaid act of the opposite parties in not rectifying the defect in the refrigerator or replacing the same is an act of deficiency in service, malpractice, unfair trade practice and has caused lot of mental agony, harassment, inconvenience besides financial loss to the complainant . Vide instant complaint, complainant has sought for the following reliefs:-
(a) Opposite parties be directed to replace the refrigerator of the complainant or in the alternative to refund the amount of Rs. 24500/- alongwith interest @ 12% p.a from the date of payment till realization ;
(b) Compensation to the tune of Rs. 50000/- alongwith adequate litigation expenses may also be awarded to the complainant.
Hence, this complaint.
2. On the other hand opposite party No.1 instead of filing written version made a statement that opposite party is ready to replace the refrigerator in question with new one. However, counsel for the complainant stated at bar that complainant is ready to get the new refrigerator and also sought compensation as well as litigation expenses. As per the contention of the complainant , earlier also the complainant got replaced the refrigerator for two times and the replaced refrigerator also became defective giving rise the complainant to file the instant complaint in which the opposite party No.1 is ready to replace the refrigerator , as such the complainant has to visit the opposite parties for its repair/replacement many a times and finally filed the instant complaint by spending money on hiring an Advocate, as such the complainant is entitled to litigation expenses.
3. In view of the above , we dispose of the complaint with the direction to the opposite party No.1 to get replaced the refrigerator of the complainant with same make and model . Opposite party No.1 is also directed to pay litigation expenses of Rs. 2000/- to the complainant. However, complaint against opposite party No.2 stands dismissed being the dealer of opposite party No.2. Compliance of the order be made within one month from the date of receipt of copy of order ; failing which the complainant would have a right to get this order enforced through the indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated: 16.10.2019
