Delhi

New Delhi

CC/523/2013

Manish Jain - Complainant(s)

Versus

M/S. Kalpna Digital World - Opp.Party(s)

17 Dec 2018

ORDER

 

 

                        CONSUMER DISPUTES REDRESSAL FORUM-VI

                          (DISTT. NEW DELHI),

                        ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                NEW DELHI-110001

 

Case No.C.C./523/2013                                                                                   Dated:

In the matter of:

Manish Jain,

S/o Sh. S.K. JAIN,

R/o F-664, 2^nd Floor,

Gali No.6, Ganesh Nagar-2,

Shakarpur, Delhi-110092.                 

       …… Complainant

 

Versus

1. Kalpana Digital World,

10-12, Lalita Park, Main Vikas Marg,

Laxmi Nagar, Delhi-110092.

 

2. Whirlpool of India  Ltd,

Whirlpool House,

Plot No.40, Sec.44,

            Gurgaon- 122002 (Haaryana).

 

3. Gemini Home Appliances & Services,

146-B/12, Gurunanak Pura,

Laxmi Nagar, Delhi-110092.

                ……. Opposite parties

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

       

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that on 30.05.2010  the complainant purchased a refrigerator manufactured by OP-2 from OP-1 against the cash payment of Rs.26,500/-.   It is alleged by the complainant that   after the few days of the  purchase, the family members of the complainant pointed out that the cooling of the refrigerator in question is very poor and as such they lodged a complaint  with OP-3 regarding the same. The officials of the OP-3 asked the complainant to purchase the trolley for getting the effective cooling of the freeze in question.   It is submitted that  on 4.7.2010 the complainant as per the direction of OP-3 purchased the trolley.  It is further submitted that despite purchasing the trolley there is no change in the cooling of the refrigerator in question and as such the complainant again contacted on the customer care of OP-1 & 2.  The official of OP-1 & 2 assured the complainant that the engineer would positively attend the complaint but all in vain. It is alleged by the complainant that despite his several visit at the shop of OP-1 and several complaints with OP-2 & 3 regarding the poor cooling of the fridge in question nothing was done by the OPs, hence this complaint.

2.          OP-2 had contested the case and has filed its written statement. The OP had claimed that the complaint is false and frivolous, there is no cause of action and there is no deficiency in service on the part of the OP-2 and hence the complaint is liable to be dismissed. 

3.     Both the parties have filed their evidence by way of affidavit.

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

5.     It is argued on behalf of complainant that after few days of the purchase the fridge in question started creating problem such as poor cooling and despite his repeated requests and complaints nothing was done by the OPs to resolve the issue.  In its written statement OPs denied any deficiency in services but remained silence on the issues of lodging of complaint by the complainant.  The complainant has lodged the complaint with the authorized service center of the OP-2 but OP-3 failed to repair the fridge in question and is still lying with the complainant.   Perusal of the file shows the present complaint is pending with this Forum since 2013 and the same is pursued by the complainant till today.  If the refrigerator in question is not a defective one, the complainant ought not to have pursued the present complaint with this Forum for last five years.  The complainant has mentioned in his evidence by way of affidavit the alleged product in question is very poor in cooling.  It is the ordinary prudence that if someone is facing any difficulty/pro0blem regarding the product, then only he appears and lodged the complaint with this Forum.  In the present complaint, the complainant has visited with OP-1 on various occasion and also lodged a complaint with OP-2 &3 but the all the OPs ignored his request and then only having no other option he approached this Forum.  Non addressing the grievance of the complainant by OPs amounts deficiency in services.  On the issue of refund of the cost of the product, we are guided by our Hon’ble State Commission in case titled  

In R. Sachdev Vs. ICICI Bank, , FA762/06 decided on 29.11.2006  the Hon’ble State Commission held:-

      “ what is the use of such good or article if it loses its utility after a period of one month of its purchase . The object of the Consumer Protection Act, it is safeguard the interests of the consumers against the unscrupulous manufactures or traders for selling substandard or defective goods.”

      In another case titled Col. Ravinder Pal Brar Vs. Asian Motors, FA 73/06 decided on 28.9.2007 , the Hon’ble State Commission held:-

       “ The disputes between the consumer and the service providers and traders should be ended once for all by calling upon the traders and manufacturers to refund the cost of the goods with adequate compensation as the possibility of the new goods also being defective and not being up to the satisfaction  of the consumers, cannot be ruled out and in that case parties will  be relegated to square one and will suffer another bout of litigation.”

 6.    In view of the above we hold the OP-2 deficient in rendering the services to the complainant.  We, therefore, direct the OP-2 as under:

1. Pay to the complainant a sum of Rs. 26,500/- .  Complainant is directed to return the refrigerator in question after receiving the said amount to OP-2.

2.  Pay to the complainant a sum of Rs. 5,000/- as cost of litigation.

 

The OPs 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 @ 9% per annum.  If the OP-2 fail 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.

A copy of this order be sent to both parties free of cost by post. This final order be sent to server (www.confonet.nic.in ). File be consigned to Record Room.

Announced in open Forum on 17/12/2018. 

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER