DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

BATHINDA (PUNJAB)

CC No. 283 of 01-07-2010

Decided on : 15-11-2010

Kashish Garg, S/o Sh. Kaplash Garg, R/o H. No. 464, Model Town, Phase -I, Bathinda.

.... Complainant

Versus

1. ESS GEE Enterprises, 4927-A, Dhobi Bazar, Bathinda, through its Proprietor/partner

2. Standard Refrigeration, Street No. 12, Dhobiana Road, Bathinda, through its Prop./Partner/Authorised Representative

3. Videocon Industries Ltd., Plot No. 248, Ist Floor, Udyog Vihar, Phase-IV, Gurgaon 122015 (Haryana).

..... Opposite parties

Complaint under Section 12 of the Consumer Protection

Act, 1986.

 

QUORUM

Ms. Vikramjit Kaur Soni, President

Dr. Phulinder Preet, Member

Sh. Amarjeet Paul, Member

For the Complainant : Sh. Vikas Kumar Gupta, counsel for the complainant.

For the Opposite parties : Sh. Vakel Singh, counsel for the

opposite parties.

O R D E R

VIKRAMJIT KAUR SONI, PRESIDENT

1. The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as 'Act'). The complainant had purchased the refrigerator from opposite party No. 1, Model No. DFF40, for a sum of Rs. 32,500/- vide Invoice No. 0006 dated 14-04-2005 being manufactured by Electrolux i.e. opposite party No. 3. Since the very first year of the purchase of the above said Refrigerator, it has not been functioning properly as the PCB of the refrigerator was repaired and replaced with a new one during very first year of the purchase of the refrigerator. Thereafter also refrigerator did not work properly. It has been continuously creating problems and the complainant got its sensors, heaters, compressor changed from the opposite parties one after the other with the gap of few months. Even after all these repairs, the refrigerator continuously gave problem in the functioning as there was manufacturing defect in the above said refrigerator. The complainant repeatedly made complaints to the opposite parties regarding the defect in the refrigerator and the same was not functioning properly due to some manufacturing defect, so he has requested for the change/replace of the said refrigerator. The complainant also lodged complaint No. LUD 2505090223 with opposite party No. 3 on its toll free number and different reminders were given on 27-05-2009 and 30-05-2009. Thereafter the complainant again lodged complaint No. LUD 1106090458. He also wrote a letter to the Chief Managing Director Videocon Group on 29-09-2009 and the opposite party No. 3 got refrigerator repaired by sending mechanic of authorised service centre of opposite party No. 3 and offered the complainant to purchase new refrigerator in exchange of the above defective refrigerator on 50% discount in case the same does not work properly after repair. After repair, the refrigerator worked for about one month only and again started giving some problem and the complainant again approached opposite party No. 2 with the request to replace the said defective refrigerator but the opposite party No. 2 did not respond. The complainant again wrote a letter to the Chief Managing Director Videocon Group on 15-12-2009 with the request to replace the refrigerator with a new one. The opposite parties have refused to change the refrigerator as the period of warranty has already expired. The refrigerator has been giving continuous problems since the date of its purchase and the complainant got replaced almost all the major parts of the same but the same was not working. The complainant has been making repeated complaints with the opposite parties time and again. The period of 5 years has already elapsed and the opposite parties are liable to replace the above said refrigerator of the complainant with a new one because there is manufacturing defect in the refrigerator and the same is beyond repairs. Hence, the complainant has filed this complaint.

2. The opposite parties pleaded that the company gave warranty of total refrigerator for one year and in respect of compressor for five years. There was no problem in the first year of its purchase. Had there been any problem with the refrigerator, the complainant might have lodged complaint with the opposite parties and as per warranty refrigerator would have been repaired free of cost by the opposite parties. The complainant never reported any complaint regarding the refrigerator. He must have got repaired/replaced the alleged PCB of the refrigerator from some private mechanic. The sensors and heaters were changed/replaced by the opposite parties on complaint made by the complainant to the customer care. The compressor of the refrigerator was also changed which was within warranty period. The complainant first time approached the opposite parties on 25-05-2009 and lodged the compliant regarding defect in the sensors, heater and compressor. The said parts were changed/replaced with new one despite the fact that warranty of the refrigerator expired except the compressor. The complainant lodged the complaint on 11-06-2009 with regard to fresh defects. When the mechanic found that refrigerator was out of warranty, he prepared an estimate of the defected parts of the refrigerator. The opposite parties have denied that complainant has ever talked to the Chief Managing Director of the company. The refrigerator was repaired and parts were replaced free of cost. Though it was out of warranty and refrigerator had been working properly but the complainant was insisting the opposite parties to replace the old refrigerator with the new one which was out of warranty and the complainant has been using the refrigerator till date.

3. The parties have led evidence in support of their respective pleadings.

4. We have heard the arguments at length and have gone through the record and perused written submissions submitted by the parties.

5. The complainant purchased refrigerator vide Ex. C-2 Invoice No. 0006 for Rs. 32,500/- on 14-04-2005 from the opposite parties. The warranty of one year was given on the refrigerator as whole and 5 years warranty on the compressor. During very first year of the purchase of refrigerator in question there was some problem in it and the PCB of the refrigerator was got repaired and replaced with new one. Thereafter the refrigerator in question did not work properly and continuously gave problems regarding its sensors, heater and compressor which were changed by the opposite parties one after the other with a gap of few months. Even after the repair and replacement of the defective part, the refrigerator was not working properly. The complainant lodged complaints on toll free number on 27-05-2009, 30-05-2009 and 11-06-2009. After receiving the complaint on phone No. 09860250000, the refrigerator was got repaired by the mechanic of the authorised service centre of opposite party No. 3. The complainant submitted that he, the mechanic of authorised service centre offered him to purchase the new refrigerator in exchange of the defective refrigerator on 50% discount in case the same would not work properly after repair. The refrigerator worked for one month only and again started giving the same problem. The complainant has further submitted that refrigerator was continuously giving problems since the date of its purchase and there was manufacturing defect in the refrigerator and the same was beyond repair. The opposite parties have submitted that the refrigerator was for one year warranty and the compressor was for five years warranty and opposite party No. 2 is authorised service centre of opposite party No. 3. The opposite parties have pleaded that there was no such problem with the refrigerator in the first year regarding PCB as the complainant has not got it repaired from them. He might have got it repaired/replaced from some private mechanic. They are not responsible for the repair done by any private mechanic. On his complaint, the sensors and heater were replaced/changed despite the fact that warranty period of the refrigerator had already elapsed. The complainant for the first time approached the customer care on 25-05-2009 i.e. approximately after four years of the purchase of the refrigerator. Regarding the defect in the sensors, heater and compressor, refrigerator was repaired despite the fact that warranty was expired for sensors and heater. On 11-06-2009, when the complainant lodged a complaint for fresh defects, the mechanic prepared the estimate of the defected parts of the refrigerator, as the refrigerator was out of warranty.

6. A perusal of record placed on file shows that complainant wrote letters dated 29-09-2009 and 15-12-2009 to the opposite parties and sent those through FAX and asked for the replacement of the refrigerator in question. A perusal of Ex. C-7 shows that company offers 12 months warranty on the refrigerator and an additional warranty of 48 months on compressor to the original purchaser of the Electrolux refrigerator subject to the conditions set out hereinafter provided the refrigerator still be in possession and used by the said purchaser from the date of delivery. As the refrigerator was within warranty of one year, it got the problem regarding its PCB which was changed by some other mechanic which was not the mechanic of the authorised service centre and the very first problem regarding the sensors and heater and compressor was received by the opposite parties on 25-05-2009, which shows that the refrigerator was working properly till this date. No job sheet or any other such document has been placed on file to show that there was any continuous problem in the refrigerator. The letters written by the complainant Ex. C-3 & Ex. C-4 dated 15-12-2009 and 29-09-2009 shows that actual problem occurred in the year 2009. The complainant has placed on file Ex. C-5, there is no particular date mentioned in this piece of evidence as at the place of date it has been written 2007 and 2008. This document cannot be relied upon as there is no particular date and there is no affidavit of the person who has issued this certificate.

7. Hence, in view of what has been discussed above, this complaint fails and there is no deficiency in service on the part of the opposite parties. Therefore, this complaint is dismissed. The parties are left to bear their own costs.

A copy of this order be sent to the parties concerned free of cost and the file be consigned to record.

 

Pronounced :

15-11-2010 (Vikramjit Kaur Soni)

President

(Dr. Phulinder Preet)

Member

(Amarjeet Paul)

Member