Arvinder Kaur (d/o Sh. Ajit Singh) w/o Harpreet Singh r/o 4893, Dharampura, Samrala Road, Ludhiana.

.Complainant.

Versus



1- Parmar Enterprises, Brown Road near Mothu Ram Janj Ghar, Ludhiana through authorized signatory.

2- Whirlpool of India Limited, SCO 910, NAC Manimajra, Chandigarh through authorized signatory. .Opposite parties.


O R D E R



T.N. VAIDYA, PRESIDENT:



1- Complainant purchased a refrigerator from opposite party no.2 on 23.1.2002 vide bill no.13356 for Rs.7800/-. It was manufactured by opposite party no.2. Case of the complainant is that compressor of the refrigerator carried warranty of 7 years, as mentioned on the plate fixed on the backside of the refrigerator. The refrigerator was not working on 9.3.2008. Hence, complaint was lodged with opposite party no.1, who sent the same to the services centre opposite party no.2. Engineer of opposite party no.2 came to premises of the complainant on 11.3.2008 and after checking, found defect in the compressor, which required replacement. For such replacement, demanded Rs.4500/-. The engineer after going through bill dated 23.1.2002 of the refrigerator, dismantled the same. Then thereafter, service engineer demanded Rs.2800/- for replacement of the compressor, which request was turned down. As defect had occurred to the compressor within warranty period. Then legal notice dated 12.3.2008 was given to both the opposite parties, calling upon them, to replace free of cost defective compressor, but to no effect. So, such act on part of opposite party is claimed amounting to deficiency in service by filing the present complaint u/s 12 of the Consumer Protection Act, 1986, and sought compensation of Rs.10,000/- as well as direction to remove defect in compressor by replacing the same.


2- Opposite parties did not contest the complaint and are being proceeded exparte.


3- In exparte evidence, complainant tendered own affidavit and documents. Ld. counsel for complainant stood heard and record perused.


4- First and foremost question is whether compressor of the refrigerator purchased by the complainant on 23.1.2002, carried warranty of 7 years. Because the defect was brought to notice of opposite party by the complainant on 9.3.2008, after six years of its purchase. Warranty card so issued has not seen light of the day. Complainant has simply filed Ex.C1 invoice dated 23.1.2002, under which refrigerator was purchased from opposite party no.1. This invoice does not contain any stipulation as to warranty. According to ld. counsel for complainant, allegations of warranty are writ large, when complainant failed to rebut his such allegations, contained in legal notice Ex.C2 dated 12.3.2008, which remained unrebutted and unanswered by opposite party. Further, he says qua warranty, there was a sticker pasted on backside of the refrigerator, photo copies of which are Ex.C3 and Ex.C4. Ex.C3 is a photo copy of the sticker regarding “7 years protection plan”. What was that 7 years protection plan, nothing is mentioned therein. Neither we can gather from this photograph Ex.C3 that such 7 years protection plan amounted to 7 years warranty qua compressor of the refrigerator. Ex.C4 photograph in this behalf, does not help us, as it pertains to only the chassis number, name of and address of the manufacturer of the refrigerator.


5- Therefore, there is no material brought on record by the complainant that the refrigerator had 7 years warranty on its compressor. No doubt, after 6 years of purchase, as per affidavit Ex.CA1 of the complainant and Ex.CA2 of her husband Sh. Harpreet Singh, compressor of the refrigerator carried out warranty, but oral assertion, without documentary evidence, can not be allowed to prevail in this behalf.


6- As complainant has failed to prove that refrigerator carried warranty of 7 years on compressor, so allegations are not believable. Consequently, finding no merits in the complaint, the same stands dismissed.

Vijay Bharti (aged 42 years) wife of Sh.Subodh Kumar, Occupation Government Job, resident of Street No.9, House no.166, Patti Wali Gali, Moga.

Versus

1. M/s.Khurana Electronics, Court Road, Near Allahabad Bank, Main Bazar, Moga through its Proprietor/ Partner/ Manager.

2. Electrolux Authorised service Centre, Gill Road, Moga through Mr.Sanjeev Kumar, Sales Representative.

3. Mr.Tejinder Head, Service Head Colloboration Electrolux & Video India Limited, KIPS Market, SCO 42, Ist Floor, Sarabha Nagar, Ludhiana.

Opposite Parties

Smt.Vijay Bharti complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 (herein-after referred to as ‘Act’) against M/s.Khurana Electronics, Court Road, Near Allahabad Bank, Main Bazar, Moga through its Proprietor/ Partner/ Manager and others (herein-after referred to as ‘Electrolux’)-opposite parties directing them to replace the Microwave Oven or to refund Rs.4300/- its price and also to pay compensation of Rs.20000/- on account of mental tension and harassment or any other relief to which this Forum may deem fit be granted.

2. Briefly stated, Smt.Vijay Bharti complainant is a ‘consumer’ having purchased a refrigerator worth Rs.10800/- and Microwave Oven Electrolux worth Rs.4300/- vide bill no.3454 total amounting to Rs.15100/- on 23.1.2007 from OP1-Khurana Electronics. The Microwave having model no.EM 8EG70SL PNC 947602664 and serial no.60701644. That on 27.11.2008 the Microwave in question started giving problem and the complainant lodged a complaint in this regard in writing at serial no.510230811270003 with their service centre at Moga.

That the mechanic of the OPs found some fault in its magnetron and he promised that the magnetron would be changed within a week and took away the said magnetron. That till date the magnetron has not been replaced though it has three years warranty. Thereafter, the complainant approached time and again to OP2-Sanjeev Kumar and OP3-Tejinder Saini of the company for the replacement of the magnetron, but to no effect. That her Microwave Oven has become useless since then. That the aforesaid act and conduct of the OPs-Electrolux amounts to deficiency in rendering services on their part. Hence the present complaint.

3. Notice of the complaint was given to the OPs. All the OPs served, but did not appear and were proceeded against exparte vide order 23.06.2009.

4. To prove her case, the complainant tendered in exparte evidence her affidavit Ex.A1, copy of bill Ex.A2, copy of terms and conditions Ex.A3, copy of letter Ex.A4, copies of legal notices Ex.A5 to Ex.A9, copies of envelopment cover Ex.A10 to Ex.A12, copies of acknowledgements Ex.A13 to Ex.A15 and closed her evidence.

5. We have heard the arguments of Smt.Vijay Bharti complainant and have very carefully perused the evidence on the file.

6. Smt.Vijay Bharti complainant in her affidavit Ex.A1 has reiterated the allegations made in the complaint. The affidavit Ex.A1 and documents Ex.A2 to Ex.A15 show that the complainant had purchased one Microwave Oven make Electrolux from OP1-Khurana Electronics, but the same started giving problem due to some fault in its magnetron. Inspite of the repeated complaints by the complainant to the OPs and their service centre, the OPs have failed to replace the magnetron which was under warranty period. Rather the magnetron of the Microwave Oven of the complainant taken by the mechanic of the service centre was not returned to her.

Affidavit Ex.A1 and documents Ex.A2 to Ex.A15 remained unrebutted and unchallenged on the file because the OPs failed to appear inspite of their service. There is no reason to disbelieve the sworn affidavit Ex.R1 of Smt.Vijay Bharti complainant and documents Ex.A2 to Ex.A15 produced by her. In view of the aforesaid facts, we therefore, hold that the OPs have committed deficiency in service by not replacing the magnetron of the Microwave Oven of the complainant which she purchased vide bill Ex.A2 from OP1-Khurana Electronics.

7. In view of these circumstances, the complaint filed by the complainant has merit and the same is accepted. The OPs are joint and severally directed to replace the magnetron of the Microwave Oven of the complainant and make the same workable, failing which they shall return Rs.4300/- i.e. the price of the Microwave Oven. They are also directed to pay Rs.1000/- as compensation for causing mental tension, harassment to the complainant within one month from the date of receipt of copy of this order.

Next Retail India Limited Ground Floor,
Shiv Ashish, Andheri-Kurla Road,
Sakinaka, Andheri (E),
Mumbai - 400072


Dear Sir/Madam,

This is with reference to the above cited subject wherein I feel that I have been cheated by your esteemed company in delivering a defective refrigerator of Electrolux Make.

"I had purchased 3 items viz. WM, CTV and Refrigerator totalling to Rs. 23,200/- vide document 70013370 dated 02/01/2010. The first two items WM and CTV was delivered in time and even at the time of booking I was informed that the delivery of Electrolux Refrigerator would take some 7 days time as it was out of stock. So I waited for atleast 10 days before telephonically asking them as to when would I get the delivery of the Refrigerator to which the staff Mr. Karthik replied tomorrow. The tomorrow never came. I had been constantly following up with them through telephone but after many a tomorrow I finally got delivery of the item and that too after a delay of almost 3 weeks i.e. on 18/01/2010 vide bill no. 19682.

The ordeal was not over. The Refrigerator never worked and that too not even for a second. I called up the Sales Man Mr. Kathik and he told me that u will hv to complain to M/s. Electrolux as our part of the job is over and it is because of the long transit period from our Godown at Bhiwandi the gas must have leaked. So on 19/01/2010 I placed a complaint at Electrolux to which their engineer had come and he said that the refrigerator is really having some problem and it has to be taken for repair. I clearly refused the same and told them that I need a replacement for which he said that I will have to speak to our Senior which never happened nor did any Senior from Electrolux called me. I called up Next Retail at R-Mall Mu***** the same day and have been following up on this matter on a regular basis but to no avail.

Finally, on 23/01/2010 I spoke to Mr. Atul Singh, Sr Manager at Next Retail, R-Mall, Mulund but to my dismay and disgust he said that the offer period is over and that the Refrigerator cannot be replaced and if u want a new Refrigerator u can purchase the same from our Retail shop by paying an additional amount. It seems that Mr. Atul Singh, Sr Manager is trying to pass on the buck.

It seems that your "Graham Devo Bhawa" as detailed below is only for website and not in practical.


“Our ‘Grahak’ is the most important visitor in our premises. He is not dependent on us, we are dependent on him. He is not an interruption to our work, he is the purpose of it. He is not an o
“Grahak Devo Bhawa” “Service to CUSTOMER is Service to GOD”
Customer experience will drive success or failure of retail Retail is still about the Basics…
Sell the right …………….. ITEM
At the right …………….. PRICE
In the right ……………… PLACE
At the right ……………… TIME
In the right……………….. QUANTITY
With the right …………… SERVICE



Here I want to say a few lines.

1. When the offer was over then whey did they take the booking ?
2. Why was there a delay of almost 3 weeks in delivering the item ?
3. Can a new Refrigerator be condemned immedately ?
4. Why don't u give me a replacement ?
5. Is it possible for you to give me refund so that the same refrigerator can be purchased at the same price from other retail shops as the offer still
exists in other retail shops.

An early action to this complaint is expected without which I will be left with no other option but to approach the consumer court so that justice is meted out to me and my household chores are not blocked.

Regards. Nithin K Pillai

Dear Sir,
Despite giving numerous complaints my Electrlux Washing Machine is out of order for last 6 mths. Approach of staff of service centre of Electrolux at Bokaro Steel City is not only negligent but humiliating and disturbing.

It is requested that the matter may be taken with utmost urgency and my WM be replaced.
Thanks,

Ranjit Giri
Advocate

Electrolux Make Model No.ERP245FF Double door (Serial# 925024710)

Dear Sir,

This is to draw your kind attention that I had purchased a Refrigerator of Electrolux make (Model No.ERP245FF) on 5th May’07 from ‘Next’ showroom, New Sanganer road (near Lazeez) sodala, Jaipur-302019 and since then this machine has been giving trouble like, improper cooling, Making loud banging noise etc. We called up the NEXT showroom manager who inturn sent the company service tech to check the machine. Company tech inspected the machine and informed us that it is usual for this Fridge to make such noise (intermittently like someone has banged on it with a hammer), he told us to increase the cooling from thermostat, we believed him and kept using the machine.

On 7th Dec 2007, barely 6 months after purchase, the fridge stopped cooling completely. On calling NEXT, they referred us to the Electrolux Service station, who sent a repairman after we called them at least a dozen times. We were informed that the compressor has gone bad and they would need to take it to service center and fix it. We rcvd the fridge back after a week. On 7th Feb 2008, exactly after 2 months, the fridge stops cooling again, we made a complaint to the service center, again the compressor was repaired which lasted a month & the whole ordeal of complaints and calls started again. I requested the service manager to replace the machine as the machine was faulty, maybe had a manufacturing defect because of which it was failing compressors after every repair… but they refused.

Fridge stopped cooling again on 24th Dec, 08, same issue, compressor went bad again. The ordeal went on for almost 4 months, while we lived without a fridge, as the service center refused to fix it under warranty, claiming that the warranty has expired. On escalating the matter to regional service manager, they finally fixed the fridge, however it went bad again on 10th Jul 10 approx 14 months later.

I request you to look into this issue and help me get a exchange for this ‘Lemon’ (defective) piece of machine. The list of complaints (see complaint numbers with dates below) & issues I had from this Fridge proves the fact that this was a fridge with manufacturing defect & hence the company should take the responsibility and either fix it for good (which has been tried many times now) or replace it with another machine or I would have no other option but to approach consumer court for help.

Look forward to receiving your valuable reply at the earliest.

Regards,


Gajendra Yadav
(Mob.9819866332)
E-mail : ayadav.jpr@gmail.com