Delhi

North

RBT/CC/122/2022

GURJEET KAUR - Complainant(s)

Versus

APOLLO SALES CORPORATION - Opp.Party(s)

04 Aug 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: RBT/122/2022

 

Mrs. Gurjeet Kaur

W/o Sh. Vijayinder Paul

CD-135 B, Pitampura,

Delhi-110034.                                                                                          …                          Complainant

 

 

                                                                                                Vs

Apollo Sales Corporation

Plot No.2, Vaishali,

Pitampura, Delhi-110034                                                                       …                             Opposite Party No.1    

 

LG Electronics India Pvt. Ltd.

D-3, P3B, A-wing, 3^rd Floor,

Relegate Building, District Centre,

Saket, Delhi-110017.

           

Also at:

A-24/6, MCIE,

Mathura Road,

New Delhi-110044. .                                                                                …                           Opposite Party No.2    

                                                                                     

      ORDER

                04/08/2023

 

Ashwani Kumar Mehta, Member:

 

1.            The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the Complainant purchased a LG inverter AC 1.5 ton for a sum of Rs.39,000/- from OP-1 against cash invoice no.750  dated 05.07.2017 with one year comprehensive warranty. The OP-1 also installed the said Air Conditioner and charged Rs.2,720/- as installation charges against TCR No.589 dated 06.07.2017. After installation, the Complainant operated the AC and found that there is no vertical swing in this model. Thereafter, the Complainant approached to OP-1 on 07.07.2017 for replacement of her Air Conditioner but the OP-2 gave a fake assurance to the Complainant. However, the OP-2 replaced the said Air Conditioner with new model no. JSQ18SPXDANLG and with new Sr. No. 708NAQB023780 after September 2017. The said Air Conditioner remained closed due to off season. It has been alleged that in the month of May 2018, the Complainant got Air Conditioner serviced and started operating it and found water dropping in indoor unit. Thereafter, the Complainant complained to OP-2 on 04.06.2018 against complaint no. RNP180604093493 for repair of her Air Conditioner. Thereafter, one technician from Service Centre visited at Complainant residence but he was unable to rectify the problem. The Complainant booked another complaint on 05.06.2018 with OP-2 vide complaint no. RNP180605010645 and again one technician came, but problem was not resolved. Therefore, the Complainant requested to technician for replacement of Air Conditioner.

 

2.           Thereafter, Complainant booked a complaint on 06.06.2018 vide complaint no. RNP180606063111 but problem remained same. Again on 11.06.2018, complaint was lodged vide  No. RNP180611061712 and Mr. Manmohan (Mobile No.9599880671) came at her residence and opened the indoor and outdoor but could not make the AC operational. Thereafter, the complainant again approached to OP-2 for repairing of her Air conditioner. Again one technician came and replaced the cooling coil on 14.06.2018 against complaint No.RNP1806111061712 but the problem was not rectified. Thereafter, the complainant approached several times to the OP-2 for repairing his AC but it kept on avoiding the matter on the one pretext or the other. On 12.07.2018, the Complainant found that the dropping/water leakage has again started in indoor unit of said Air Conditioner, thereafter, the Complainant approached to service Centre of OP-2 on mobile No. 011-42480152 and they gave mobile number of Mr. Manmohan mobile No. 9599880671 for further action but no action was taken to remove the defects. On 13.07.2018, the Complainant again booked a complaint, but she the Technician of OP demanded for payment of Rs.600-700 approx. The technician came at her residence between at 14:00 to 15:00 hrs was the same who visited previously also on 05.06.2018, but he was not in condition to rectify the problem. Again the official of OP-2 gave a complaint No. RNP180713035319 at 17:22 hrs, repeated on 18:06 hrs and again repeated on 19:49 hrs. It has further been stated that the Complainant is a patient of severe cervical & hernia and needs rest but the Complainant is not in position of any rest due to such circumstances. The complainant has also filed her medical records with the complainant. It has also been stated that the said air conditioner is still lying faulty with the Complainant. The complainant has alleged that the acts and actions of the OP clearly reflect that there is "deficiency in service by the OPs to the Complainant". The Complainant has, therefore, filed complaint with the prayer to:-

 

1. Direct the OPs to refund the Air Conditioner price of Rs.39,000/- and Rs.2,720/- as installation charge of Air conditioner with interest from the date of purchasing.
2. Direct the OPs to pay the complainant an amount of Rs.4,00,000/- towards the mental, physical harassment pain and agony, mental and physical discomfort and distress etc. caused to the Complainant by the OPs.
3. Pass litigation charges of Rs.1,100/- in favour of the Complainant.
4. Any other and further relief which this Hon’ble Forum may deem fit and proper in view of the facts and circumstances of the case may be also granted in favour of the Complainant and against the Opposite Parties, in the interest of justice.

 

3.            Accordingly, notices were issued to the OPs and in response to the Notice issued, OP-1 did not turn up to join the proceedings despite service of the notice and therefore, proceeded ex-parte. However, the OP-2 has filed its reply stating that the Complainant purchased the AC on 05.07.2017 and complained about on vertical swing in that model. Though the Complainant was fully aware of the product and purchased it according to his requirement, however, to avoid unwanted litigation, the same was replaced in the month of September 2017. Thereafter, the Complainant enjoyed the AC in question. Thereafter, the Complainant made the first complaint in the month of June about leakage of water from the AC. On the very next day, the executive of OP visited the Complainant and repaired the same. After a few days, the Complainant made another complaint regarding cooling problem of the same, consequently the engineer of the OP visited the Complainant and inspected the same and however, no defect was found. To make the Complainant satisfied, the said executive of the OP also filled some gases free of cost and changed cooling coil. Consequently, the AC started working efficiently and the executive left the premise with full satisfaction of the Complainant. After a few days, the Complainant again made complaint alleging leakage of water again, the service engineer visited the premises of Complainant and again re-checked the AC in question and found some minor repair was required, however, the Complainant was not ready for the same. It is also contended by the OP-2 that the Complainant enjoyed the said AC during complete season and on start of the new season of summer, made a complaint and wanted to replace the said AC having without any defect of the same. The Complainant is not entitled to any claim or relief as claimed therein. The above complaint is not maintainable in law on the true facts and the same is liable to be dismissed in limine. The OP-2 has also stated that the period of warranty has expired on 04.07.2018, however, the OP is ready to repair the same without any cost but the Complainant is not ready for the same and wanted further replacement. The OP-2 has also cited the judgments of the Hon'ble Supreme Court in the matter of (1) C.N. Anantharam Vs. Fiat India Ltd. (2011) 1 SCC 460 and (2) Sushila Automobiles Pvt. Ltd. Vs. Dr. Birendra Narayan Prasad  and Ors. (2010 NCDRC 144) in support of its case.

 

4.           Accordingly, the complaint has been examined in view of the facts of the case and averments/documents/Evidence put forth by the complainant & OPs and it has been observed that:-

 

I.    It is not in dispute that the Complainant has bought a LG inverter AC 1.5 ton from OP-1 on 05.07.2017 which was carrying one year comprehensive warranty and  the OP-2 has replaced that AC in the month of September 2017.

II.        The OP-2, did not revise the  warranty of the new AC from September, 2017 and  maintained one year warranty from 05-07-2017 i.e. the date of purchase of first AC.

III.        The Complainant stated that the AC provided in September was not used due to low temperature season and was started in May 18 after getting it serviced but the OP-2 has denied this stating that the Complainant enjoyed the said AC during complete season and on start of the new season of summer, made a complaint but the OP-2 has failed to substantiate its contention with any evidence or the proof of installation of the date of AC after replacement. On the other hand,   the job sheet dated 22/04/2018 filed by the OP-2 reveals that the AC was serviced on 22-04-2018 which corroborates the statement of the complainant that she started using the AC in May, 2018. It is also observed that the defect of water leakage was noticed and reported to the OP-2 by the complainant after the aforesaid service of AC.

IV.      Copies of the job sheets filed by the OP relating to the complaints lodged by the Complainant, have revealed that the complaints were lodged on 04/06/2018, 11/06/2018, 13.07.2018 and 19.07.2018 for the defects of water leakage, drain pipe, internal adjustments, no cooling, joint leak etc. well before the expiry of the warranty period but the OP did not rectify the defects upto the satisfaction of the Complainant. Though the job sheets filed by the OP mention about the satisfaction of the Complainant with the pre-printed wording that “I am fully satisfied with the repairs carried out on my product and the same is working satisfactorily” but this certificate of satisfaction is not signed by the Complainant. This also proves that the Complainant pointed out the defects in the AC well before the expiry period but the OP did not remove the defects upto the satisfaction of the Complainant during the warranty period and waited for its expiry to to escape the responsibility of providing  AC in the good  working condition upto the satisfaction of the consumer.

5.        The Complainant has also stated in the complaint that the AC is still lying faulty with her. In view of the observations made in para 3 above, we are of the considered view that there is deficiency in service on the part of OP-2 to provide a functional Air-conditioner to the consumer/complainant (who was not maintaining good health) which was purchased for her comfortable living but she has not been able to use it after June 2018. As such, the complainant has suffered directly due to deficiency in service  of the OPs in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.Besides, the non-functioning of the Air-conditioner after June 2018 is sufficient to prove that lot of mental agony and physical harassment has been caused to the Complainant. Therefore, we feel appropriate to direct:-

I. OP-2 (LG Electronics India Pvt. Ltd.) to pay Rs.39000/- (Rupees Thirty    Nine Thousand only) to the complainant within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 16-07-2018  till the date of the payment;

II. OP-2 (LG Electronics India Pvt. Ltd.) to pay Rs.15,000/- (Rupees Ten                                          Thousand only) as compensation to the Complainant for the mental  pain, agony and harassment;

III. OP-1 (Apollo Sales Corporation) to pay Rs.2720/- (Rupees Two Thousand Seven Hundred Twenty only) to the complainant within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 16-07-2018 till the date of the payment.

 

6.           It is clarified that in case, the abovesaid amount is not paid by the OPs to the Complainant within 30 days from the receipt of this order, the OPs shall be liable to pay interest @12% per annum on the aforesaid amount, from the date of expiry of 30 days period.

7.            The complainant shall handover the defective AC to the OP-2 on receipt of the amount, as ordered above, from OP-2.

8.           Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

ASHWANI KUMAR MEHTA                                            DIVYA JYOTI JAIPURIAR

Member                                                                              President       

                                             DCDRC-1 (North)                                                             DCDRC-1 (North)