Haryana

Sonipat

226/2014

NARENDER SINGH S/O SUKHBIR SINGH - Complainant(s)

Versus

1. M/S VOLTAS INDIA PVT. LTD.,2. M/S MAHABIR ELECTRONICS,3. VISHWAS SERVICE CENTRE - Opp.Party(s)

NARENDER SINGH

14 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

                                Complaint No.226 of 2014

                                Instituted on:05.09.2014

                                Date of order:12.06.2015

 

Narender son of Sukhbir Singh, resident of Shiv Colony, Devru road, near Rishikul School, Sonepat.

                                           ...Complainant.

 

                        Versus

 

 

1.M/s Voltas India Pvt. Ltd., Badarpur, New Delhi through its Prop.

2.M/s Mahavir Electronics Karnal, Shop no.33, Sector 14 Market, Karnal through its Prop.

3.Vishwas Service Centre, Voltas Co. Old DC road, near Anand Cinema, Sonepat.

                                           ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Complainant in person.

           Respondent no.1 ex-parte on 18.12.2014.        

           Sh. Shailender Saroha, Adv. for respondent no.2.

           Respondent no.3 ex-parte on 16.2.2015.

 

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

        D.V.RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he has purchased one AC of Voltas company from respondent on.2 on 1.7.2014 for Rs.19000/- and only after 15 days of the purchase of AC, there was gas leakage. On complaint, the mechanic of service centre came and they made the AC unit into working condition. Again after four days, the same problem has arisen.  Mechanic again came and he made the AC in working condition.  However, this repair was not fruitful as since 28.8.2014, the AC unit is lying idle.  The respondent no.2 was apprised with all the problems, but of no use and till date, the respondents have failed to repair the AC unit and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        In the present case, only respondent no.2 has appeared, whereas, respondent no.1 and 3 were proceeded against ex-parte vide order dated 18.12.2014 and 16.2.2015.

          The respondent no.2 in its written statement has submitted that the complainant has purchased the AC from Karnal.  So, this Forum has no jurisdiction to try and decide the present complaint.

3.        We have heard the arguments advanced by the complainant and counsel for respondent no.2 at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        The main objection of the respondent no.2 is that the complainant has purchased the AC from Karnal.  So, this Forum has no jurisdiction to try and decide the present complaint.

          But in our view, this objection raised by the respondent no.2 is not tenable in the eyes of law since the AC was installed in the complainant’s premises situated at Shiv Colony, Devru road, near Rishikul School, Sonepat and this colony situates within the territorial jurisdiction of this Forum. So, this Forum has the territorial jurisdiction to entertain, try and decide the present complaint.

          In the present case, there is no dispute with regard to the fact that he has purchased AC unit from respondent no.2 on 1.7.2014 worth Rs.19,000/-. The complainant’s main grievances against the respondents are that since 28.8.2014 the AC unit is lying idle as neither it has been repaired nor it has been replaced by the respondents and that amounts to a grave deficiency in service on the part of the respondents.

          In our view, the complainant has been able to prove that so many times, the AC remained defective. Neither it was repaired nor it has been replaced by the respondents and that amounts to a grave deficiency in service on the part of the respondents. Accordingly, we hereby direct the respondents to remove the defects of the AC within a period of 15 days from the date of passing of this order and further to extend the warranty of the AC for another one year which shall be counted from the day, when the respondents remove the defects of the AC.  The respondents are further directed to compensate the complainant to the tune of Rs.2000/- (Rs.two thousands only) for rendering deficient services, for causing unnecessary mental agony, harassment and under the head of litigation expenses.

          With these observations, findings and directions, the present complaint stands disposed off.

          Certified copy of this order be provided to the complainant and counsel for the respondent no.2 and be also sent to the respondents no.1 and 3 for information and its strict compliance.

File be consigned to the record-room.

 

 

(Prabha Wati Member) (DV Rathi Member)     (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF Sonepat         DCDRF, Sonepat.

Announced: 12.06.2015