G.K NIGAM filed a consumer case on 18 Nov 2016 against AIRCOOL in the West Delhi Consumer Court. The case no is CC/16/268 and the judgment uploaded on 21 Nov 2016.
GOVERNMENT OF NCT OF DELHI
150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058
Date of institution:11.4.16
Complaint case No.268 /16 Date of Order:18.11.16
In the matter of
G.K. Nigam,
EA-343, Maya Enclave,
New Delhi-64. COMPLAINANT
VERSUS
M/s Amba Aircool,
WZ-297, Hari Nagar,
Jail Road, New Delhi-64. OPPSITE PARTY-1
M/s LG Electronics India Pvt. Ltd.,
76, Block 14,
Moti Nagar, New Delhi-15. OPPOSITE PARTY-2
ORDER
R.S. BAGRI, PRESIDENT
The brief relevant facts necessary for disposal of present complaint are that the complainant purchased two air conditioners from Opposite Party-1 for sale consideration of Rs.43000/- vide invoice No.AA/4744 on 31.3.15 delivered and installed on 5.4.15 vide
2/-
challan No.531 and report NO.1836. The air conditioners had warranty for one year with three free services from the Opposite Parties. The Opposite Parties did not provide any free service. Complainant on 3.4.16 requested Opposite Party-2 to provide free service within warranty period. But the Opposite Party-2 refused to provide free service on the ground that the air conditioners are beyond warranty. The complainant told the Opposite Party that the air conditioners were delivered and installed on 5.4.15, therefore, the air conditioners were well within warranty. But the Opposite Parties did not pay any heed to the request of the complainant. The Opposite Parties adopted unfair trade practice and there is deficiency in service on their part. Hence, the present complaint for directions to Opposite Parties to pay Rs.2500/- per air conditioner for not providing three free services and Rs.5,000/- on account of mental pain, agony and harassment and litigation expenses.
Notice of the complaint was sent to the Opposite Parties. But none appeared on their behalf despite service. Therefore, the Opposite Party-1 was proceeded exparte vide order dated 1.6.16 and Opposite Party-2 was proceeded against exparte vide order dated 2.8.16.
When the complainant was asked to lead exparte evidence, he filed evidence by way of affidavit dated 1.9.16 and relied upon invoice No.AA4744 dated 31.3.15, copy of delivery challan dated 5.4.15 and installation report dated 5.4.15. He once again reiterated stand taken in the complaint in the affidavit dated 1.9.16. The complainant deposed that the Opposite Parties were to provide three free services of the air conditioners within warranty.But they failed to provide the same.
On perusal of the documents it reveals that the complainant purchased two air conditioners from Opposite Party-1 vide invoice NO.AA/4744 dated 31.3.15 for sale consideration of Rs.43,000/-. The air conditioners were delivered and installed at the premises of the complainant on 5.4.15 by Opposite Party-1.
3/-
Counsel for complainant has filed written arguments. We have also heard Ld. counsel for complainant and have gone through the material on record carefully and thoroughly.
The complainant from the affidavit, invoice, deliver challan, and installation report has been able to show that two air conditioners were purchased by him from Opposite Party-1 for sale consideration of Rs.43,000/-on 31.3.15 , delivered and installed on 5.4.15 . There is sufficient material on record to show that the air conditioners were within warranty. However, the complainant is unable to show that the Opposite Parties are liable to provide free service. There is no material on record to support version of the complainant that the Opposite Partites were to provide three free services. The complainant has failed to produce any term and condition to this effect. The affidavitof the complainant only is not sufficient to prove that the Opposite Parties were under obligation to provide three free serviceswithin warranty. Therefore, the complainant is unable to prove that the Opposite Parties were to provide any free service what to speak of three free service. Hence, there is nothing to prove that there is any unfair trade practice or deficiency in service on the part of the Opposite Parties.
In the light of above discussion and observations, the complaint has no merit. Hence fails. Resultantly, the complaint is dismissed.
Order pronounced on :18.11.2016
(PUNEET LAMBA) (URMILA GUPTA) (R.S. BAGRI)
MEMBER MEMBER PRESIDENT
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