Haryana

Fatehabad

CC/400/2019

Deepak Kumar - Complainant(s)

Versus

Anucool - Opp.Party(s)

In Person

30 Mar 2021

ORDER

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL COMMISSION; FATEHABAD.

C.C.No.400 of 2019.

Date of Instt.:24.09.2019.

Date of Decision:30.03.2021.

Deepak Kumar aged 34 years son of Shri Dhanraj resident of Jagjiwan Pura, Fatehabad Tehsil & District Fatehabad.

..Complainant

     Versus

1.Anucool Airtech, near Bunty Printing Press, D.S.P.Road,Fatehabad.

2.Block 2-A DLF Corporate Park DLF Qutab Enclave Phase II Gurgaon-122002, Haryana.

..Opposite Parties.

Before:        Sh.Raghbir Singh, President.

                   Smt.Sukhdeep Kaur, Member.  

 

Present:       Complainant in person.

                   OPs ex-parte.

 

ORDER

                   The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986.

2.                Brief facts of the present complaint are that on 24.07.2019 the complainant had purchased an Inverter model Air Conditioner No.IC518QATX Blue Star from OP No.1 vide Invoice No.407 dated 24.07.2019 for a sum of Rs.48,500/-  for purchasing the same also got sanctioned loan from HDFC Bank. The complainant had to purchase the Air Conditioner of Copper model but the Op No.1 had assured that Air Conditioner will be taken back in case if the complainant remains unsatisfied but the Op No.1 refused to take back the Air Conditioner. The air conditioner was carrying one year warranty against all defects but stopped giving cooling within 4/5 days. The complainant lodged complaint on toll free No.18002091177 and also visited the Op No.1 but his grievance was not redressed.  The Op no.1 has demanded Rs.3,000/- for repairing the Air Conditioner despite the fact that it went out of order during warranty period.  The act and conduct of the Ops clearly amounts to deficiency in service on their part. Hence, this complaint.

3.                          On notice, OP No.1 had refused to receive the summons and Op No.2 did not appear before this Commission despite sending of summons through RC and ultimately they were proceeded against ex-parte vide order dated 08.11.2019 and 24.08.2020 respectively.

4.                In evidence, the complainant has tendered affidavit and documents Annexure CW1/A and Annexure C1.

5.                The complainant has argued that he had purchased an air conditioner from OP No.1 on 24.07.2019 having warranty for one year but the same started creating problems within 4/5 days of its installation and the OPs have denied to remove the defect in the air conditioner and even the Op No.1 had demanded Rs.3000/- for getting the same repaired. Since the OPs have failed to remove the defect in the air conditioner, therefore they be directed to replace the same with new one besides the compensation of Rs.30,000/-.

6.                Any consumer when he buys a new product he is under the impression that the same is bound to be mechanically perfect or that a brand new product would be defect free.  A new product could be defected as well.  It could be that some errors are insignificant but there may be many others which substantially impair use of the product.   If the product is defective a consumer has a right to seek its replacement or refund of the price. Though the burden to prove the defect is on the consumer, yet it must be understood that consumer is not bound to pinpoint the precise nature of defects or its cause or source.  The warranty which is given for a product is a warranty for whole of the product and when it is found that the product does not perform properly the warranty would be taken to have been breached even if no individual part could be identified as defective.  A  Consumer Commission  has however, to take into consideration consumer state of mind as well.  After all he had invested in the new product to buy peace of mind hoping that the same is dependable and trouble free.  The pleadings and contentions put forth by the complainant remained unrebutted as the Ops did not join the proceedings of the case and opted to remain exparte.  

7.                Keeping in view all the facts and circumstances mentioned above, we allow this complaint and direct the opposite parties to replace the Air Conditioner of the complainant free of costs, with new one with new warranty period as per schedule of the product in question and further to pay compensation and litigation expenses of Rs.2000/- in lump sum.  Order of this  Commission be complied within a period of 30 days from the date of receipt of copy of this order. Copy of this order be supplied to both the parties free of cost.  File be consigned after due compliance.