Haryana

Bhiwani

CC/238/2023

Narender Kr - Complainant(s)

Versus

Samsung Elect. - Opp.Party(s)

In Person

08 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                     Consumer Complaint No. : 238 of 2023

                     Date of Institution             : 18.08.2023

                                                              Date of Decision               : 08.07.2024

Narender Kumar son of Sh. Bhim Sain Singhal R/o 37,Adarsh Nagar, Near Old Bus Stand, Bhiwani, Haryana-127021.

          ……Complainant.

Versus

1. Samsung India Electronics Pvt. Ltd. 20^th to 24^th Floor, Two Horizon Centre, Golf Course Road, DLF Phase-5, Sector 43, Gurugram, Haryana-122202 India. R.V. Solutions Pvt. Ltd. Samsung Authorized Service Centre, having its office at House No.337, Old Housing Board, Bhiwani, Haryana-127021 through its authorized person/representative.

….. Opposite Parties

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

Present:-      Ms. Ankita Singhal, Advocate for complainant.

                    Sh. Deepanshu Tuteja, Advocate for OP No.1.

                    OP No.2 exparte.  

ORDER

Saroj Bala Bohra, Presiding Member.

1.                 Brief facts of the present complaint are that complainant purchased an air conditioner of Samsung Company from Vijay Electronics, Bhiwani on 30.03.2021, on EMI basis.  It is stated that the AC worked OK for two years, however, on 20.07.2023, it was having less cooling, therefore, on 21.07.2023 complaint was made to OP. Upon which, Service Engineer came and told that motherboard of AC is damaged and ordered for the part to replace it within two days and taken Rs.650/- as service charge. The part(s) was changed but the AC did not work properly and told that compressor of the AC is damaged but they did not changed the compressor despite having in warranty period. Legal notice dated 03.08.2023 was served upon the OPs but of no avail. Hence, the present complaint has been preferred alleging deficiency in service on the part of OP and thereby caused him mental and physical harassment besides monetary loss. In the end, prayer has been made to direct the OPs to pay Rs.86,000/- as compensation  for harassment, damages, financial loss as well as legal expenses.

2.                 Upon notice, OP no.1 appeared and filed written statement raising preliminary objections qua suppression of material facts, maintainability of complaint, locus standi and cause of action.  On merits, it is submitted that the unit was out of warranty, as per conditions of warranty. Further, from the date of purchase of the unit, standard warranty of one year has already elapsed. Moreover, complainant has used the product more than two years defect free. On receiving complaint from complainant, every service has been provided to him and repair estimate was given to complainant but he was adamant to get it free of costs. As such, denied for any deficiency in service on their part and prayed for dismissal of the complaint with heavy costs.

3.                 OP No.2 refused to take the summons, as such, he was proceeded against exparte vide order dated 29.02.2024.

4.                 Complainant in evidence tendered his affidavit Ex. CW1/A alongwith documents Ex. C-1 to Ex. C-3 and closed the evidence.

5.                 On the other side, in evidence of OP No.1 affidavit Ex. RW1/A of Mr. Sandeep Sahijwani, authorized person of OP was filed alongwith documents Ex. R-1 to Ex. R-5 and closed the evidence.

6.                 We have heard learned counsel for the contesting parties and perused the record carefully.

7.                 Admittedly, the complainant has used the AC in question as defect free for more than two years. As per purchase bill Ex. C-1, complainant purchased the AC in question in Rs.36,000/-  from M/s Vijay Electronics on 30.03.2021.  As per job sheet Ex.R-2, compressor of the AC was defective and  warranty card Ex. R-1 reveals that compressor of AC is having warrant of 60 months i.e. five years but as is evident from record, the AC in question became defective within warranty period of five years. OP has contended that the AC was got repaired from other than the authorized service Centre but there is no authentic evidence placed on file which could prove that the AC was got repaired from outside/third party. To prove this factum, OP has placed on record photograph, Ex. R-4 but this documents does not speak anything about repair from outside. As such, the OP is deficient and negligent in providing proper services to the complainant resulting into harassment and monetary loss to him. Thus the complainant is entitled to get refund of the purchase amount of the AC.  Since, the complainant has used the product for more than 2 years as defect free, therefore, 30% deduction is hereby made from the purchase price of the AC in question. 

8.                 In view of above discussion, the complaint is partly allowed and OP No.1 is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.25,200/- (Rs. Twenty five thousand two hundred) to the complainant alongwith simple interest @ 9% per annum from the date of filing of the complaint till its realization subject to return of the disputed air conditioner.

 (ii)     To pay a sum of Rs.5,000/- (Five thousand) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.5000/- (Rs.Five thousand) as litigation expenses.

                     In case of default, the OP No.1 shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party no.1 may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.         

Announced.

Dated:08.07.2024