Consumer Redressal

Before the Hon'ble District Consumer Disputes Redressal Forum at Vikas Sadan Gurgaon 122002 Particulars of complainant: Full Name: Nisar Ahamd Mir C 41 Astaire Gardens, BPTP sector 70A Gurgaon Haryana, 122101 Particulars of the Opposite party: Opposite party No. 1 Croma, A TATA enterprise Sohna - Gurgaon Road, Block S, Sector 49, Gurugram, Haryana Opposite party No. 2 Whirlpool India Limited, Plot no 40, Whirlpool House, Sector 44, Gurugram, Haryana 122002 Particulars relating to goods/services complained of: (a) Details of goods/service: Whirlpool Refrigerator with FF 292L, Item Code 217763. (i) 10TH Of December 2019 (ii) Rs 25990 (b) The complaint relates to: (i) Loss or damage as a result of unfair trade practice adopted by the trader: (Applicable) (ii) One or more defects in goods: (Applicable) (iii) Deficiency in services: (Applicable) (c) If the complaint relates to (b)(1) above. Nature of unfair trade practice adopted by the trader, such as 1) At the time of sales, the representative of Croma promised and accepted if any Damage either physical, or any technical will be resolved on the same day or maximum withing 24 hours. In this case I have not experienced anything like this. There was a dent on the body of the fridge also which was not fixed or repaired. 2) The Cooling effect was supposed to be within 15 minutes as sales person claimed and cooling effect we elaborated as Ice making but in this case was completely wrong commitment and did not happen the same, completely wrong selling. 3) Direct power should have been enough as per sales person at the time of sales but when the product was delivered, the installation person did not install it and asked for stabilizer as necessary for its smooth operation, again wrong selling or unfair trade. Statement as to the quality etc. of Goods sold/service made: 1) The Stabilizer was sold to me when it was not required at the time of sale made. 2) The Converter technology did not work or it was a false presentation to made wrong sales. 3) Deep freezer can’t be used as that will damage the product as per technical team of Whirlpool Mr Madan Gopal but the same services has been given in the fridge. 4) Vegetable basket was never getting its share of cooling, so lost lot many vegetables after storing it as the promise at the time of sales, the preservation should have been 96 hours as fresh as just purchased from market etc etc Sponsorship of goods/dealers: The Product was sold by Croma to me and theses commitments were made by Croma sales man. Warranty/guarantee with period promised, the product warranty is one year and additional warranty for next 2 years and also product itself displayed 10 years of Compressor warranty Bills attached 4. Details of attempts made to get the matter complained of settled and result thereof: (i) Personal negotiations: Yes went three times to their office and tried to resolve it but all in vain (ii) Written application given to manufacturer for service resolution (Proof Attached) (iii) Have also filed a complaint with the Badshahpur police station with complaint No. 13227003072000090 (Proof Attached) 5. Relief claimed: (i) To return the price/charges paid (ii) Compensation claimed for financial loss, continuous follow up the Croma and expenditure of going and coming to office, which is around Rs 1000 (iii) Stabilizer Purchased for 2300 iv) Travel to consumer court two times Rs 1500 for expenditure on petrol and depreciation of vehicle. v) My Personal Loss of pay with Rs 5000/day. Vi) Life at Risk as technical person Mr Pandey said its compressor can blast anytime and still, they did not resolve the issue. The Compensation for living in threat is Rs 100,000.00 Total Compensation is around Rs 1,60,000.00 (Rupees one lakhs and sixty thousand only) 6. the Forum/State Commission has jurisdiction to entertain the complaint in view of- (a) Section 11(i)/Sec 17 of the Consumer Protection Act (b) The cause of action having accrued at district Gurugram.