Punjab

Faridkot

CC/21/133

Ashok Kumar Kansal - Complainant(s)

Versus

Surindra Radio and Watch Company - Opp.Party(s)

Narinder Kumar

02 Feb 2022

ORDER

 

 

DISTRICT  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,  FARIDKOT

 

C.C. No. :                     133 of 2021

Date of Institution :       06.09.2021

 Date of Decision :        02.02.2022

Ashok Kumar Kansal son of Om Parkash Kansal resident of street no.03, Old Cantt Road, Faridkot,  District Faridkot.

   .....Complainant

 

Versus

1. Surindra Radio and Watch Company, Sadar Bazaar, Barnala through its Prop./Partner/Authorized Person.
2. L G Electronics India Private Limited, Plot No.-5, Surajpur-Kasna, Udhyog Vihar Road, Greater Noida-201805 (U.P.) through its Managing Director.

             ......OPs

Complaint under Section 12 of the

Consumer Protection Act, 1986.

(Now, Section 35 of the Consumer Protection Act, 2019)

 

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Quorum:     Smt Param Pal Kaur, Member.

                     Sh Vishav Kant Garg, Member.

 

Present:      Sh Narinder Kumar, Ld Counsel for complainant,    

                   OPs Exparte.

(ORDER) 

( Param Pal Kaur, Member)

                                                  Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to Ops to replace the defective refrigerator or to refund the cost price of refrigerator and for further directing OPs to pay Rs.50,000/- as compensation for mental agony and harassment suffered by complainant alongwith litigation expenses.

2                                              Briefly stated, the case of the complainant is that on 14.12.2020, complainant purchased a refrigerator and a washing machine from OP-1 against proper bill no.928 and paid Rs.98,000/-for same. OP-1 assured to deliver the articles at house and also assured for early installation of articles, but

 

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OP-1 sent the same with delay and made installation very much late after many days even on repeated requests by complainant. It is submitted that refrigerator sold by OP-1 was having manufacturing defect as it did not make cooling and even ice did not form in freezer. Complainant brought this fact into the notice of OP-1, who sent a representative of OP-2 at his house in Faridkot. It is alleged that said  representative made false excuse that problem occurred due to voltage of electricity and told him to get a stabilizer for its proper working. Complainant immediately arranged a stabilizer, but problem still persisted. Complainant again informed OP-1 regarding this and representative sent by him again made lame excuse that problem occurred due to the reason that refrigerator in question is placed near the walls and asked him to shift the same to some other place. Complainant did the same, but problem still remained. OP-1 kept putting off the complainant on one pretext or the other. Thereafter, complainant made several requests to OPs, but all in vain. Despite repeated requests, OPs did not do anything needful, which amounts to deficiency in service and trade mal practice on their part. Due to

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deficiency in service on behalf of OPs, complainant has to suffer huge harassment and mental agony. Complainant has prayed for directions to Ops to replace the refrigerator having manufacturing defect of neither cooling and nor of freezing the ice. Prayer for paying compensation and litigation expenses is also made. Hence, the complaint.

3                                              Ld Counsel for complainant was heard with regard to admission of the complaint and vide order dated 14.09.2021, complaint was admitted and notice was ordered to be issued to the opposite party.

 4                                             Registered cover containing notice of complaint alongwith relevant documents was sent to OPs, but same did not receive back undelivered. Acknowledgment might have been mis-laid or lost in transit. It is observed that summons containing complaint have been served, but despite having sufficient knowledge of complaint, OPs did not bother to appear in the Commission on date fixed and when they did not appear either in person or through counsel

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on  date fixed after several calls, then, vide order dated 12.11.2021, Ops were proceeded against exparte.

5                          The complainant wanted to lead evidence to prove his pleadings and proper opportunity was given to him. Ld Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to Ex C-5 and then, closed the exparte evidence on behalf of complainant.

6                   There is no rebuttal from Ops side, therefore, We have heard the ld counsel for complainant and have carefully gone through the evidence and documents placed on record by him.

7                  After careful observation of the record placed on file and evidence led by complainant, it is observed that case of the complainant is that he purchased a refrigerator and a washing machine from OP-1 against proper bill no.928 and paid Rs.98,000/-for same. Cost of refrigerator mentioned at Serial No. 1- F/F 702HLHU as per bill Ex C-2  was 60,500/-. It is alleged that refrigerator sold by OP-1 was defective as it did not make cooling and even ice did

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not freeze. Grievance of the complainant is that despite repeated complaints and several requests regarding said defect of non cooling and non freezing in refrigerator, OPs did not rectify the said product and even representative sent by OPs also failed to remove the inborn defects from it. Neither cooling is done in said refrigerator nor did it make any ice and thus, very purpose of purchasing the refrigerator was not served. Delay in installation is also alleged by complainant. The opposite party also not removed the grievance of the complainant even on issuance of legal notice Ex.C-2, which amounts to deficiency in service. On the contrary, there is no rebuttal from OPs side as they did not dare to contradict the allegations of complainant.

8                                 We have keenly considered the submissions of the learned counsel for the complainant in the light of exparte evidence led by him with special reference to original bill no.928 dated 14.12.2020, that clearly reveals the fact that  complainant purchased the said product from OP-1 and it is proved that vide bill Ex C-3, opposite party no.1 received the amount of Rs.60,500/- from the complainant as cost of said refrigerator. Ex C-2 legal notice also

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reiterates the grievance of complainant and it is clear that the opposite parties have not provided the appropriate services to the complainant and did not remove the grievance of the complainant which was sent to the opposite parties vide postal receipt Ex.C-4 and Ex C-5. Therefore, in the absence of anything to the contrary, in the light of affidavit and documents relied upon by the complainant as referred to above in his exparte evidence, claim of the complainant stands proved. Accordingly, complaint filed by complainants is exparte accepted with a direction to the opposite parties to replace the defective refrigerator with new one of same model within one month of receipt of old defective refrigerator to them.  OPs are further directed to pay jointly and severally Rs.5,000/- to complainant as compensation for harassment and mental agony suffered by him besides Rs.5000/-as cost of litigation incurred by him. Compliance of this order be made within one month of receipt of the copy of the order by complainant and OPs, failing which the opposite parties shall refund Rs.60,500/-the cost price of refrigerator alongwith interest at the rate of 9% per annum from the date of filing of this complaint till realization of the amount to the

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complainant. In case no compliance is made out of this order, complainant may initiate the proceedings under the provisions of Sections 71 and 72 of the Consumer Protection Act. Copies of the order be sent to the parties free of costs. File be consigned to the record room.

Announced on :

Dated: 02.02.2022

 

         (Vishav Kant Garg)                 (Param Pal Kaur)           Member                         Member