DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                    

                                                                                                   Consumer complaint no. -     545/2015

                                                                                                   Date of Institution      -       07/08/2015

                                                                                                   Date of Order         -            03/08/2016                                                                                                          

In matter of

Sunita Mittal, adult   

HN-H-106, Swaran Residency,  

Plot no.- 132, Main GT Road,

Nr Anpurna Apptt., Ghaziabad, UP…………………..………..…………….Complainant

                                                                    Vs

1-M/s Nutan Electronics,

H-122A, Dilshad Garden

Delhi 110095.

2-The Manager  Whirlpool

B-1/A12, 1^st Floor,

Mohan Co. operative Industrial Estate,

Mathura Road, Delhi 110044 ….………….………………………………..Respondents

Complainant’s Advocate-Rajesh Kumar Sharma

Opponent-  Ex -Parte

Corum-     Sh Sukhdev Singh-   President

                    Dr P N Tiwari -            Member                                                                                                   

                    Mrs Harpreet Kaur-   Member

Order by Dr P N Tiwari, Member 

Brief Facts of the case  

The complainant purchased a new whirlpool Refrigerator on 24/10/2014 for a sum of Rs 32,000/- vide invoice no.- 5870. After opening the packing of Refrigerator, body was dented, so complainant made a call to call centre immediately. Later OP engineer attended the call after two days and after inspecting refrigerator’s photo, assured the complainant for urgent remedy.

There after, complainant was shocked to see that the said refrigerator had developed another problem of leakage of water so she again lodged another complaint vide complaint no. GB-1114008296, but there was no response from OP. Again complainant sent email on 21/07/2015 for repair of defect in her refrigerator. OP did not reply to the email nor any mechanic visited her place to check the product. She contacted many times to OP,but did not get any response.

She filed this complaint by claiming refund of amount paid of refrigerator to OP a sum of Rs 32,000/-with compensation to Rs 40,000/-for harassment and Rs 5000/- as litigation charge.

Complaint along with annexures filed, were scrutinized. Notices were served to both OPs. Despite of service, no one put its appearance or filed their written submission and evidences. Despite of giving ample opportunity, case was preceded Ex Parte.

Complainant filed her Ex Parte evidences on affidavit and are on record and not controverted.

We took merit of the case and evidences on affidavit, allow complaint and pass the following order as -

Opponent 1 is directed to repair the refrigerator and hand over in good working condition within 30 days after receiving this order. On the satisfaction of complainant, OP will give one year free service warranty. Failing to comply the order, OP will refund the cost of refrigerator a sum of Rs 32,000/- with 9% interest from the date of filing of this complaint till realized.  

We also award compensation and litigation charges to sum of Rs 3000/- for mental agony, pain and harassment caused to complainant due to deficient services of OPs. If awarded amount is not paid in time essence, then entire amount shall carry the same interest till realized. 

The copy of this order be sent to the parties as per rules and file be consigned to the record room.

(Dr) P N Tiwari - Member                                           Mrs -Harpreet Kaur-Member                   

                                  Shri Sukhdev Singh - President