Case No.CC/231/2022

   Date of Institution:-03.08.2022

          Order Reserved on :- 19.11.2024

           Date of Order :- 16.12.2024

IN THE MATTER OF:

Sh.Davinder Pal Sethi

R/o Flat No. 408, Plot No.4,

Best Paradise, Sector-19,

Dwarka, New Delhi.

          …..Complainant

VERSUS

M/s. Delhi Service Centre

Shop No.1, Main Road,

Sant Nagar (Burari),

Delhi.

… Opposite Party

O R D E R

Per R. C. YADAV, MEMBER

1. The brief facts of the case are thatthe complainant was having an Electrolux Microwave not working properly. The complainant has contacted OP for repair and Mr. Arun, technician from OP visited his house. The microwave repaired on 31.01.2022. The complainant has paid Rs.2500/- against the said repair. The OP has issued bill no. 225 with six months warranty for repair. On 10.03.2022, microwave again stopped working and the complainant has contacted Mr. Arun who has not rectified issue in the microwave.  Mr. Arun advised the complainant to contact senior manager Sh. Narinder Singh with whom the complainant talked on several occasions but despite assurances the problem could not be resolved. Later on the official of OP has not attended the calls made by the complainant.   The complainant sent a letter dated 22.05.2022 to OP for requesting repair of microwave but the OP has not heard the grievances of the complainant despite repeated requests. The complainant has prayed for repairing of his microwave to the satisfaction of the complainant alongwith Rs.50,000/- towards compensation for mental agony and harassment.
2. Notice was served to OP.  OP did not appear despite due service and proceeded Ex-Parte vide order dated27.01.2023. 
3. The complainant has filed Ex-parte evidence and written arguments in support of his case.
4. We have heard Sh. DushyantTiwari, Ld. Counsel for complainant who submitted that the case be decided on the basis of material on record. OP is ex-parte.  Hence, the case was reserved for order.
5. We have carefully considered the material on record and thoroughly perused the documents placed on record.
6. It is the case of the complainant that he has an Electrolux Microwave not working properly. The complainant has contacted OP for repair and Mr. Arun, technician from OP visited his house. The microwave repaired on 31.01.2022. The complainant has paid Rs.2500/- against the said repair. The OP has issued bill no. 225 with six months warranty for repair. On 10.03.2022, microwave again stopped working and the complainant has contacted Mr. Arun who has not rectified issue in the microwave.  Mr. Arun advised the complainant to contact senior manager Sh. Narinder Singh with whom the complainant talked on several occasions but despite assurances the problem could not be resolved. Later on the official of OP has not attended the calls made by the complainant.   The complainant sent a letter dated 22.05.2022 to OP for requesting repair of microwave but the OP has not heard the grievances of the complainant despite repeated requests.
7. It is the case of the complainant that he has paid consideration of Rs.2,500/- for repair of his microwave but the OP has not resolved the problem into the microwave inspite of repeated requests. The complainant has sent a letter on 22.05.2022 in writing to the OP but the OP has not resolved the issue satisfactorily. The OP was  under obligation to resolve the problem into the microwave and if OP could not repair the microwave then he should have refunded money to the complainant.This act apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
8. The allegations made by the complainant have gone unchallenged, unrebuttedand uncontested and as such whatever has been placed on record is relied upon.
9. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.2,500/-(Rupees Two Thousand Five Hundred) alongwithRs.3,000/-for mental harassment to the complainant within 45 days from date of receipt of order failing the complainant is entitled for interest @ 7% p.a.on entire amount till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 16.12.2024.