DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  (CENTRAL)

MAHARANA PARTAP BUS TERMINAL: 5^th  FLOOR.

KASHMERE GATE DELHI.

No. DF / Central/ 2015

Sanjay Vij

A-147 Pandav Nagar,

New Delhi-110088                                                          

..........Complainant

Versus

1.The services Manager

Godrej & Boyce Mfg Co Ltd

Godrej Bhavan

2^nd Floor,

Shershahsuri Marg, OKHLA, New Delhi-110065

2. Sargam Electronics

47, South Patel Nagar Market, New Delhi-110008

..........Respondent/OP

BEFORE

SH. RAKESH KAPOOR, PRESIDENT

SH. S. N. SHUKLA, MEMBER

ORDER

Per Sh. RakeshKapoor, President 

     On 11.4.2012  the complainant  had purchased  a refrigerated from OP2  It is alleged by the complainant  the refrigerator had not working properly from the date of its purchase the complainant has made several complaints dated 6.5.2012 , 9.8.2012, 16.2.2012 and 31.10.2012.    the complainant has also lodged complaints through e mail dated 12.8.2012, 16.10.2012, 23.11.2012 , 1.1.2013 and 10.4.2013 It is alleged  by the complainant that despite the  fact that  the refrigeration   had under warranty the refrigerator had failed to give any update.  He has, therefore, prayed that the refrigerator must be replaced and he shall be compensated with the pain and agony and also paid the cost of litigation. The OP has filed a written statement wherein he has prayed that the complaint is false and is not maintainable. It has denied any deficiency in service on its part and has claimed that the due service was provided to the complainant.  It has contested the complaints on merits and has admitted that the complainant had purchased the fridge on 11.4.2012 from OP2.   It has denied that the fridge had not worked properly since the day of purchase. It has admitted that  it had received a complaint  in respect of the  and has claimed that the complaint was duly attended to with the adjustment of thermostat knob now. It has further admitted receipt of complaint on 9.8.2012 and has claimed that this complaint was also attended to the satisfaction of the complainant. It has also stated that the several complaints lodged by the complainant was duly attended to and the fridge is working well.  It has denied that the fridge needs to be replaced  It has claimed that there are no merits in ths complaint and the same is liable to be dismissed.

We have heard arguments advanced at the bar and have perused the record.

    The complainant has placed on record. E-mails and letters written by him from time to time which shows that the fridge purchased by him had suffered from various defect which were not removed despite complaints lodged by him.  It shows that the  fridge had some  inherent defects and the problem  could not be resort despite being attended to. The complainant  had  asked the OP to replace the fridge as the  service engineers were not able to remove the defects. It appears to us  that the OP had not replied to these complaints  nor had removed the defects in the machine,.   Due service was therefore not rende3re by the OIPs the complainant was justified in seeking the replacement of the fridge  as it had not worked properly even for a period of one month.   The faults in the machine had persisted and could not be removed  by the service engineers of the OP. We, therefore, hold that OP1 is deficient in rendering service to the complainant and we direct it as under:-

1. Replace the fridge immediately.
2. Pay to the complainant a sum of Rs.10,000/- as compensation for pain and agony.
3. Pay to the complainants a sum of Rs. 5,000/- as cost of litigation.
4. Take back the old machine after payment of the aforesaid amount.

     The OP1 shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  IF the OP1 fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

    Copy of the order be made available to the parties as per rule.  File be consigned to record room.

Announced on.....................

(S N SHUKLA)                        (RAKESH KAPOOR)

     MEMBER                              PRESIDENT