Haryana

Yamunanagar

CC/94/2016

Ashu Kumar s/o Sh.Jagpal Singh, - Complainant(s)

Versus

Aarti Agencies, - Opp.Party(s)

Parveen Sharma

06 Dec 2016

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

 

                                                                                    Complaint No. 94 of 2016.

                                                                                    Date of institution: 21.03.2016

                                                                                    Date of decision: 06.12.2016.

    Ashu Kumar aged about 29 years son of Shri Jagpal Singh, resident of House No. 241/A/1, Gandhi Dham, Jagadhri District Yamuna Nagar.    

                                                                                                                           …Complainant.

                                     Versus

1. Aarti agencies, Opp. Shivaji Market, Yamuna Nagar, though its Prop.
2. MIRC Electronics Ltd. Onida House, G-1, MIDC, Mahakali Caves Road, Andheri (East), Mumbai through its Manager.

  

                                                                                                            …Respondents.

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT.

                          SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Parveen Sharma, Advocate, counsel for complainant.  

              Sh. Kamal Rawat, Authorized Representative for respondents.

 

ORDER

 

1.                     The present complaint has been filed by Ashu Kumar under section 12 of the Consumer Protection 1986 praying therein that the respondents  (hereinafter referred as OPs) be directed to replace both the A.C. of complainant with new one immediately and further to pay compensation as well as litigation expenses.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant purchased two Air Conditioners make ONIDA 1.5 ton Split for a sum of Rs. 55,000/- at the rate of 27,500/- per A.C. on 22.03.2015 vide Bill No. 7911 dated 22.03.2015 from OP No.1 and OP No.2 is manufacturer. The Ops have been intimated several times for leakage of water from the A.C.Model No. S182SGC and serial No. S182SGC-N#15ACU#001858 and Model No. S182SGC and serial No. S182SGC-N#15ACU#001767. The mechanic of Ops has also attended the complaint of complainant but both the AC have been temporarily set in order to provide cooling in the shop running by the complainant in the name and style “ Heaven Saloon” Opp. Yes Bank, Pyara Chowk, Model Town, Yamuna Nagar and after some time the AC became out of order and not provided cooling in the shop. The complainant again approached the OPs for getting in order the AC but the OPs failed to provide proper service and the AC are totally defective and not repairable and causing the loss of business of  the complainant. Hence, this complaint.

 3.                    Upon notice, OPs appeared and filed its written statement that  the present complaint is not maintainable as OP No.2 is MIRC Electronics Ltd. company duly incorporated under the provision of Companies Act; the complainant has no cause of action to file the present complaint as the company has not provided any defective electronics goods to OP No1 if it does so then it would have been got replaced by the OP No.1 only. Since the complainant had purchased the said Air Conditioners from Op No.1, he is the best person to solve the issue; complainant does not come under the definition of consumer due to the reasons that he purchased the product for his business purpose at his saloon with intention to gain good income in business and on merit it has been denied that the complainant approached the OPs several times as the complainant approached the OP No.2 only on 15.04.2016 and OP No.2 sorted out the issue on 26.05.2016 with the complete satisfaction of complainant. The OP No.2 stated that the complainant himself admitted that he is running the saloon in the name and style of “Heaven Saloon”. The complainant purchased the Air Conditioner to gain good income in business. The complainant has neither produced any complaint number, job sheet nor produced any receipt regarding 1^st installation taking the service either from the OP No.2. Lastly prayed for dismissal of complaint.

 4.                    To prove the case, complainant tendered into evidence his affidavit as Annexure CW/A and document photo copy of bill of air conditioners as Annexure C-1 and closed his evidence.

 5.                    Sh. Kamal Kant Rawat authorized representative of Ops tendered into evidence his affidavit as Anenxure RW/A and documents such as photo copies of service record as Annexure R-1 and R-2 and closed the evidence on behalf of OPs.

6.                     We have heard the learned counsel for the complainant and representative of OPs and have gone through the pleadings as well as documents placed on file very minutely and carefully.

7.                     It is not disputed that complainant purchased two Air Conditioner for a sum of Rs. 55,000/- at the rate of 27,500/- each vide bill No. 7911 dated 22.03.2015 (copy of which is Annexure C-1) from OP No.1 manufactured by OP No.2. It is also not disputed that the said Air Conditioners were having one year warranty/guarantee. The only version of the complainant is that the said Air Conditioners have not been giving cooling properly and started creating problem within short span of its purchase. Upon which the complainant lodged so many complaints but no heed has been paid by the OPs.

8.                     On the other hand, the stand taken by the Ops is that the complaint is baseless and abuse of process of law to harass and blackmail the OPs. As and when any complaint has been lodged by the complainant the same has been attended immediately by the service engineer of the OPs. Learned counsel for the OPs further argued that complainant himself has admitted that he is using the abovesaid Air Conditioners in his saloon, so, the complainant also not come under the definition of Consumer and referred the case law titled as Ashoke Khan Vs. Atish Kumar Saha, 1998(1) CPR page 707. Lastly prayed for dismissal of complaint. . 

9.                     After hearing the arguments, we are of the considered view that there is no deficiency in service and unfair trade practice on the part of OPs. The complainant has totally failed to file any report to prove that the Air Conditioners in question were having any manufacturing defect. The only grievances of the complainant is that there was leakage of water in the said Air Conditioners and the same were not giving cooling properly and started creating problem within a short span but the complainant totally failed to file any cogent evidence. As the complainant has not filed any expert report/mechanic report as such he has miserably failed to prove any manufacturing defect in the Air Conditioners in question. Even, the complainant has also not placed on file any copy of written complaint sent to the OP No.1 or 2 by registered post or by courier or through other mode during the currency period of  one year. When no such complaint has ever been made by the complainant to the manufacturer i.e. Op No.2, so we have no option except to dismiss the complaint of complainant being devoid of any merit.

10.                   Resultantly, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. Copy of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

 Announced in open court 06.12.2016.

                                                                                    (ASHOK KUMAR GARG )

                                                                                     PRESIDENT,

 

 

                                                                                     

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.