IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 10thday of June, 2022.
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 264/2021 (Filed on 08/11/2021)
Petitioner : Abhijith Nair,
Vinod Bhavan,
Vadayar P.O.
Kottayam – 686605.
Vs.
Opposite party : Amazon,
Bridge Gateway,
8th Floor, 26/1,
Dr. Rajkumar Road,
Malleswar (W),
Bangalore – 560055.
O R D E R
Sri. K.M. Anto, Member
The case is filed under Section 35 of the Consumer Protection Act, 2019.
The brief of the complaint is as follows.
The complainant had purchased an Amazon Basics 1.5 Ton 5 Star 2020 Invertor Split AC from the opposite party for an amount of Rs.26,485.73/- as per order No.404-7102208-4059543 dated 08-11-2020. The product was delivered in December 2020. After the installation of the product, the automatic feature of the AC were not working properly. The complaint was intimated to the opposite party. The opposite party promised that a technician will visit and fix the problem. The complainant’s AC warranty claim in order no.403-3653846-6374716 raised in March 2021 is still open. A local technician deputed by the opposite party came and inspected the AC in April and stated that the issue is with the remote and the remote is to be replaced. But no action was taken by the opposite party to replace the remote of the AC. The AC is having issues with display of lights also. When the complainant tried to raise another ticket, the opposite party declined it. Complaints were intimated to the opposite prty by e-mails. But no action was taken by the opposite party. The act of the opposite party is unfair trade practice and deficiency in service. Hence this complaint.
On admission of the complaint, copy of the complaint was duly served to the opposite party. But the opposite party failed to file their version or to appear before the Commission to defend their case. The opposite party was set exparte.
The complainant filed proof affidavit and marked documents Ext.A1 A1(a) and A1(b).
On the basis of the complaint, proof affidavit of the complainant and evidence adduced, we would like to consider the following points.
- Whether there is deficiency in service or unfair trade practice on the part of the opposite party?
- If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider Point No.1 and 2 together.
Ongoing through the complaint, proof affidavit of the complainant and evidence on record, it is clear that the complainant had purchased an Amazon Basics 1.5 Ton 5 Star 2020 Split AC from the opposite party for a consideration of 26,485.73/-. The product was delivered in December 2020. After the installation of the product, the automatic features of the product were not working properly. The matter was intimated to the opposite party. No action was taken by the opposite party to solve the complaints. The complainant’s AC warranty claim as per Order No.403-3653-846-6374716 raised in March 2021 is still open. Even though, a local technician deputed by the opposite party came and inspected the AC and told that the issue is with the remote and the remote is to be replaced. No action was taken by the opposite party to replace the remote of the AC. The AC is having issues with display of light alsoand when the complainant tried to book a ticket, the opposite party declined the registration of the ticket.
Ext.A1 is the copy of the legal notice dtd.14-07-2021 issued to the opposite party. Ext.A1(a) is the tax invoice / bill dated 14-11-2020 for the purchase of the product Amazon Basics 1.5 Ton 5 star 2020 Invertor Split AC issued to the complainant. On the basis of the above discussed evidence, it is clear that the opposite party failed to clear the defects of the product within the warranty period and even declined permission for registering further complaints. This act of the opposite party is deficiency in service on their part. Hence Point No.1 is found in favour of the complainant. The complaint is allowed and we pass the following Order.
- The opposite party is directed to rectify the defects of the AC Amazon Basics 1.5 Ton 5 Star 2020 Invertor Split AC B07L44L1GP into a perfect working condition or to refund Rs.26,485.73/- by taking back the AC from the complainant within 30 days from the date of receipt of this Order.
- The opposite party is directed to pay Rs.2,000/- being compensation for the mental agony and sufferings with cost Rs.1,000/- to the complainant.
The Order shall be complied within 30 days from the date of receipt of Order.If not complied as directed, the amounts will carry 6% interest from the date of Order till realization.
Pronounced in the Open Commission on this the 10th day of June, 2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Legal notice dtd.14-07-21 by Adv. Ashik Dona to opposite party
A1(a) – Copy of order of service
A1(b) – Copy of invoice issued by opposite party
Exhibits marked from the side of opposite party
Nil
By Order
Assistant Registrar
