IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 22.03.2023 Date of hearing: 24.09.2025 Date of Decision: 25.09.2025 FIRST APPEAL NO.-119/2023 IN THE MATTER OF MR. PANKAJ AGGARWAL C-41/Z-2, DILSHAD GARDEN, DELHI-110095.

…Appellant in Person VERSUS

1. WHIRLPOOL OF INDIA LTD.

WHIRLPOOL HOUSE, PLOT NO. 40, SECTOR 44, GURUGRAM- 122002.

HARYANA, INDIA.

(Through: Mr. Satya Vir Sharma and Mr. Abhinav, Sharma, Advocates)

…Respondent No.1

2. K.N. SERVICES C-17A, 1^ST FLOOR, MANDAWALI UPPER, OPP. NAV NITI APARTMENT, I.P. EXTENSION, DELHI-110092 …Respondent No.2 CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE PINKI, MEMBER (JUDICIAL)

Present: None PER : HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“The case of the Complainant as revealed from the record is that an fully automatic machine was purchased by sister of the complainant on his behalf along with TV and Fridge for her personal use and payment was done through her card in 2016 at the address of Hari Nagar. The washing machine was brought by the complainant for his personal use and afterwards complainant had changed the address in records of company to Dilshad Garden in company records for warranty purposes. On many occasions the washing machine was serviced at Dilshad Garden, Delhi-95 and extended warranty was first purchased in 2018 at the above address and thereafter further extended warranty was purchased from the company in 2020 and having validity July 2022. The said service was to be done promptly as promised by Whirlpool through its policy for extended warranty, which was never honoured by Whirlpool itself but said prolong delay is constituted as deficiency in Services on part of Whirlpool. The complainant had paid the fee of Rs. 5,400/- through cheque drawn on PNB, Dilshad Garden, Delhi-95 in favour of Whirlpool India through account payee cheque on dated 02.07.2020. As per the contract the company was bound to service washing machine in extended warranty period free of cost include all cost of parts and labour cost etc. The demand of the company in the name of chemical washing is the malpractices and deficiency in services after accepting payments. Complainant had reported the mater on helpline mobile no’s given but it was never answered by any one or done nothing to till date. After taking charges in the name of chemical wash company never issued proper receipt in accordance of law and issued a hand written receipt of charges taken. The complainant is being harassed by Whirlpool even after paying the requisite fee for extended warranty for fully automatic washing machine and made to run pillar to post for getting his legitimate work i.e. service of washing machine get done. The above stated facts clearly show the commitment and intent for processing the extended warranty on part of whirlpool. When the complainant tried to get clarification from the Whirlpool through phone Whirlpool, they did not pick any call and if pick not transferred/answered and they misbehaved the complainant by not admitting their error. This clearly depict that Whirlpool is committing fraud on customers by harassing due to no error customers. The complainant has prayed to pay/refund the wrongly charged cost taken on two occasions to the tune of Rs. 2,800/-, Rs. 1,00,000/- on account of delay/negligence/deficiency in services, Rs. 1,00,000/- on account of mental agony and Rs. 40,000/- on account of litigation charges.”

2. The District Commission after taking into consideration the material available on record passed the judgment dated 23.02.2023, whereby it held as under:

“7. We have heard the Complainant and Counsel for the Opposite Party No. 1. We have also perused the file. The case of the complainant is that his sister purchased the fully automatic washing machine on his behalf for his personal use at the address of Hari Nagar. Afterwards complainant had changed the addre