First Appeal No. 1286 of 2015. Case: P.E. Electronics Limited Vs Ashok Kumar and Ors.. Punjab State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 1286 of 2015
CounselFor Appellant: N.S. Jagdeva, Advocate and For Respondents: Parvez Chugh, Advocate
JudgesGurcharan Singh Saran, (Presiding Member (J)) and Surinder Pal Kaur, Member
IssueConsumer Law
Judgement DateJanuary 09, 2017
CourtPunjab State Consumer Disputes Redressal Commission


Gurcharan Singh Saran, (Presiding Member (J)), (Chandigarh)

  1. The appellant/Op No. 1(hereinafter referred as Op No. 1) has filed the present appeal against the order dated 28.10.2015 passed by the District Consumer Disputes Redressal Forum, Ferozepur (hereinafter referred as the District Forum) in consumer complaint No. 173 dated 23.4.2015 vide which the complaint filed by complainant was allowed with the direction to Ops to pay a sum of Rs. 1,07,000/- to the complainant as price of Refrigerator as well as Washing Machine and also pay Rs. 10,000/- as compensation and Rs. 5,000/- as litigation expenses. It was further ordered to comply with the order within a period of 30 days.

  2. Complaint was filed by complainant under the Consumer Protection Act, 1986 (in short 'the Act') against opposite parties (hereinafter referred as Ops) on the averments that he purchased one fully automatic washing machine Electrolux No. FLWM8-0KG-EWF-1082GS/N8903279030186 for a sum of Rs. 33,000/- from Op No. 3 on 7.7.2014. On the same day, he purchased one Refrigerator make Electrolux No. SBSREF585 Ltrs. EP600DM S/NKE125E32970131 for a sum of Rs. 74,000/-. Op No. 1 is manufacturer of Refrigerator and Washing Machines with their office at Ludhiana and Op No. 3 is there Sub Dealer at Guruharsahai. After installation of the refrigerator and washing machine in the house of the complainant, both were not working properly. Front loading washing machine was not working side by side whereas inner liner of the refrigerator was found cracked. Complaint was lodged with Op No. 3. They sent their mechanic, who found the same defects as referred above. The complaint was lodged with Op No. 1 through Op No. 3. They assured that both the goods will be changed but nothing was done. On account of manufacturing defect in the washing machine and refrigerator, the complainant is unable to use these goods. When no action was taken by Ops, the complainant filed this complaint before the District Forum seeking directions against Ops as under:-

    1. refund of Rs. 1,07,000/- alongwith interest @ 18% from 7.7.2014 till realization;

    2. Rs. 50,000/- as compensation for mental torture, harassment, pain and agony.

    3. Rs. 12,000/- as litigation expenses.

  3. Complaint was contested by Op Nos. 1 & 2 whereas Op No. 3 was ex-parte before the District Forum. Op Nos. 1 & 2 in their written reply took the preliminary objections that complaint did not disclose any cause of action; the complainant is not a consumer as the products were sold to Dealer for commercial purposes for further sale on 21.10.2011 and 22.10.2011 and the products were installed and used by the Dealer at their residence and that there was no deficiency in service on the part of these Ops. On merits, it was stated that washing machine and refrigerator was sold to Op No. 3 vide bill dated 21.10.2011 and 22.10.2011. The bill dated 7.7.2014 produced by the complainant is not the genuine bill. It was further stated that Op No. 3 had taken the replacement of...

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