Smt. N. Shajitha Beevi, (Member):
The case of the complainant is that on 07/02/2018, the opposite party came to the house of the complainant and received a sum of Rs.2,600/- offering to replace the motor of the air conditioner which is defective. And the opposite party replaced the motor accordingly. But the defect of the air conditioner persisted even after the replacement. Again the complainant informed about the above defects, the opposite party brought a new motor to replace. But in that motor, even the names of the manufacturer or other details were not mentioned. So, the complainant disagreed with the opposite party to replace the above motor. Thereby opposite party left without repairing the defect. So, the complainant issued a notice to the opposite party by demanding to cure, the defects of the air conditioner. Even after accepting the above notice, the opposite party did not care to cure, the defects.
- Hence, aggrieved by the deficiency in service by the opposite party, the above complaint is filed praying to grant a compensation of Rs.10,000/- and to return Rs.2,600/- which is service charge already paid by him.
- On issuance of the notice by the forum, the opposite party appeared in person and filed a version raising his objections to the complaint. In his version he contended that, as per the request, he examined the air conditioner and it was found that the defect was due to the motor and he cured the defects. Again the complainant made complaint with the same defects, so he brought a new motor to replace. But in his checking, it was found that, defective function of the air conditioner is not happened due to the defect of the motor, but it was due to the defect of a flap of the air conditioner. The flap is not ready available in the market. It ought to have booked in available. So, he advised the complainant to wait for some time to avail the flap and to cure the defect. But, in his surprise, the complainant filed the complaint before the forum. Hence he denied any deficiency in service on his part.
- And after perusal, the complaint and version the Forum has raised the following points:
- Whether the complainant is maintainable?
- Whether any deficiency in service on the part of the opposite party?
- Whether the complainant is entitled cost and compensation as prayed for?
- The Forum posted the case for evidence. The complainant filed proof affidavit in lieu of chief examination in tune with his complaint. Exhibit A1 to A4 were marked. Ext.A1 is the Service invoice dated 07/02/2018. Ext.A2 is the copy of the SMS dated 22/03/2018. Ext.A3 series are the photographs of the air conditioner. Ext.A4 is the service report dated 04/10/2018. But the opposite party failed to cross examine the complainant or to adduce any defense evidence.
- For the sake of convenience, the Point No, (1) and (2) can be considered together. The complainant is a consumer of the opposite party and dispute between the complainant and the opposite party is with regard to a deficiency of service and hence, this complaint is maintainable before this Forum. The care of the complainant and the care in the version are stated in paragraph no. 1 and 3 respectively. In order to avoid an elaborate repeating, the same is not repeating here with. The complainant filed proof affidavit in tune with the complaint and he produced Ext.A1 to A4 to support his case. The opposite party failed to cross examine the complainant and to rebut his case by adducing any evidences. He raised his objections in his version but he failed to substantiate his case by adducing evidence. Hence the case of the complainant is remained unchallenged. So we cannot find any sufficient reason to disallow the complaint. Hence the Point No. 2 is found against the opposite party.
- Point No.3:- The Point No.1 and 2 are found against the opposite party and also in favour of the complainant so Point No.3 can be found in favour of the complainant. But, in the complaint he prayed to award an amount of compensation of Rs.10,000/-. But he failed to prove the ingredients of awarding the quantum of such compensation amount. We finds that Rs.2,000/- is to suffice for his mental agony and compensation for deficiency in service and he is also entitled to get back Rs.2,600/- from the opposite party as service charge already paid by him. We are of the point of view that the above compensation and cost are sufficient in the interest of justice.
- In the result the complaint is allowed as above and the opposite party is directed to pay an amount of Rs.2,600/- (Rupees Two Thousand Six Hundred Only) to the complainant which is the amount received by the opposite party as service charge from the complainant. In addition to he is directed to pay a sum of Rs.2,000/- (Rupees Two Thousand Only) to the complainant as cost and compensation, within one month of receipt of this order. Failing which the complainant is entitled to realize 12% per annum of interest of the above total amount from the date of this order till realization.
Declared in the Open Forum on this the 28th day of May, 2019.
( (Sd/-)
Smt. N. Shajitha Beevi)
(Member)
Smt. Sheela Jacob, (President I/C) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Varghese Thomas,
Exhibits marked on the side of the complainant:
A1 : Service invoice dated 07/02/2018.
A2 : copy of the SMS dated 22/03/2018.
A3 series: photographs of the air conditioner.
A4 : service report dated 04/10/2018.
Witness examined on the side of the opposite parties:Nil.
Exhibits marked on the side of the opposite parties: Nil.
(By Order)
Copy to:-
- Varghese Thomas,
Sharon, Vettimala, Mandiram .P.O., Ranny.
- Anil,
Cool Makers, Kodumthara, Thatta Road, Adoor.
- The Stock File.
