Delhi

West Delhi

CC/18/55

KANIKA BANSAL - Complainant(s)

Versus

WHIRLPOOL - Opp.Party(s)

08 Jan 2020

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)-III

 

CASE NO. 55/2018

 

 

MS. KANIKA BANSAL

ADD- M-81, GROUND FLOOR,

VIKAS PURI,

NEW DELHI-110018.                                                       ….. Complainant

 

VERSUS

 

M/S WHIRLPOOL OF INDIA LTD.

ADD- WHIRLPOOL HOUSE, PLOT NO. 40,

SECTOR-44, GURUGRAM-122002,

HARYANA.                                                                     ….. Opposite Party-1

 

M/S NEW BERCO ELECTRONICS

ADD- A-1, RAJRANI MARKET,

MAIN NAJAFGARH ROAD,

UTTAM NAGAR, NEW DELHI-59                                      ….. Opposite Party-2

 

 

O R D E R

 

PUNEET LAMBA, MEMBER

 

The complainant has filed a present complaint under section 12 of the Consumer Protection Act, 1986 against OPs. Briefly the facts as stated by the complainant are that he purchased a Whirlpool Refrigerator on 09.01.2018 from OP-2 for a sum of Rs. 20,500/- vide invoice No. HO/17-18/11362. The Refrigerator was delivered on 09.01.2018 and at the time of installation the front legs of the refrigerator were missing. The same was informed to the OP-2 who assured that the person who will come for the demonstration will bring the missing legs. The Refrigerator due to missing legs was tilted towards one side. On 10.01.2018 the mechanic from the authorize service center of OP-2 visited and demonstration was given but he told that the missing legs were not provided by OP-2 and on job-sheet he mentioned front legs are missing. But strangely on 11.01.2018 another mechanic of the authorize service center of OP-1 visited the premises of complainant and told that the model of the product in dispute doesn’t have any legs and the imbalance is due to the floor, but after persuasion the mechanic of OP-1 brought the pair of both legs i.e. front and back legs but still the Refrigerator was imbalanced and on inspection it was found that the Refrigerator was demonstrated and assured that within 6-7 days they will replace and provide receipt with the comments “Cabinet Dented”. But despite several requests and reminders, there was no replacement. Hence, the present complaint.

          During the proceedings OP-1 offered settlement and submitted that they would replace the product in dispute with same model if available or otherwise higher model can be provided on payment of the difference between the price of product in dispute and new product by the complainant, for which the complainant agreed. But the complainant also asserted that he should be reasonably compensated for the delay in replacement. Admittedly, the product was replaced on 04.06.2019 whereas the OP directed to replace the product in dispute within two weeks as per order dated 20.02.2019.

Now, the only question to be considered whether the complainant is entitled for the compensation or not. From the perusal of the records particularly, the job-sheet dated 10.01.2018 and 11.01.2018 reveals that the product in dispute was defective from the very first day as well as after the direction to OP-1 to replace the product within two weeks which was also admitted by OP-1 as per order dated 20.02.2019 but the product replaced on 04.06.2019. Therefore, OP-1 is deficient in service.

We are of the considered view that the complainant has faced physical and mental harassment due to the negligence on the part of the OP-1 and despite requests and reminders the product was not replaced till the complainant filed the complaint before the Forum.

Keeping in view above discussion and observation, justice would be met by award a sum of Rs. 6,500/- (Rupees Six Thousand Five Hundred Only) for compensation towards mental, physical harassment and litigation expenses within 45 days from the date of order failing which OP-1 shall be liable to pay with interest @ 6% per annum from the date of filing the complaint till actual realization.

File be consigned to Record Room.

Copy of this order be given as per rules.

Pronouned on _____08th______ January, 2020.

 

 

 

(PUNEET LAMBA)                                                           (K.S. MOHI)

  MEMBER                                                                       PRESIDENT