Delhi

North

CC/183/2021

SUDHIR SINGH - Complainant(s)

Versus

ARIF MALIK - Opp.Party(s)

PREETI KANSAL

15 Jul 2024

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:183/2021

IN THE MATTER OF:

Sh. Sudhir Kumar Singh

S/o Sh. Gorakh Nath Singh,

Chamber No.K-37,

Tis Hazari Courts, Delhi-110054.                  …                          Complainant

Vs

Sh. Arif Malik

Through Mr. Arif Malik

Prop. Of M/s H.V. AC Service,

At: Shop No. A-10, ST. NO.12,

Main market, Madhu Vihar,

Delhi-110092.                                              …                          Opposite Party

ORDER

15/07/2024

Ashwani Kumar Mehta, Member:

1.       The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that:-

1. The complainant had purchased a used A.C. (Voltas AC White Colour) from the opposite party against payment of sum of Rs.13,000/- on 15.04.2021.
2. The A.C. was provided 1 year warranty by the opposite party.
3. The opposite party also assured to bear the expenses of replacement of parts, if any, during the period of the warranty of one year. The opposite party have issued one Cash Receipt vide Book No. 16 in Sr.No.1502 which is enclosed with the complaint.
4. The said A.C. started creating problem in the month of June 2021 and then the opposite party sent his employee to repair the A.C.
5. Thereafter, in the month of August 2021, the said A.C. again stopped working and was not cooling the temperature and was being switched on & switched off automatically. The complainant informed this problem to the opposite party and then the opposite party sent mechanic and the A.C. was repaired on 19.08.2021 but the complainant was pressurized to pay the charges of Rs.1780/ which is totally illegal and unlawful.
6. The complainant paid the amount and then the opposite party issued slip bearing Book No.23 Sr. No.2287 to the complainant towards the payment of Rs.1780/-.
7. The said A.C. again stopped cooling and the complainant had again called the opposite party and informed about this fact but the opposite party started demanding money.
8. The complainant stated that the warranty period of (one year) is still continuing, and demanding money is illegal, then, the opposite party agreed to repair the AC without any charges. Thereafter, the agents/ mechanic of the opposite party had taken along the P.C. & Remote of the A.C. on 02.10.2021 stating that the same will be returned back to the complainant within 2 days after repairing.
9. Thereafter, the complainant had contacted OP and made several telephone calls but the opposite party have not repaired the A.C. of the complainant. Even the opposite party stated that the parts which are required to repair the A.C., are not available in the market. Now the A.C. will never start cooling again. Therefore, the complainant requested the opposite party to return back the amount of Rs.13,000/- which was the value of the A.C., but the opposite party flatly refused and till date the opposite party have not refunded the money.

2.       It has further been alleged that the opposite party has sold the defective A.C to the complainant intentionally & deliberately. The complainant has also sent the Legal Notice on 05.10.2021 to the respondents through speed post and email but the OP did not give any reply nor complied with the norms of the said notice despite the service of the notice. The copy of the said notice has been enclosed with the complaint. Due to such act of the opposite party regarding the deficiency in services, the complainant has suffered mental tension, agony and harassment as well as loss of time. Therefore, this instant complaint has been filed praying for directions to the OP:-

1. to refund of Rs.13,000/- to the complainant;
2. to refund of Rs.1780/- which was illegally charged by the opposite party from the complainant during the period of warranty;
3. to pay the sum of Rs.50,000/- to the complainant towards the mental pain, agony and harassment to the complainant caused by the opposite party;
4. to pay of Rs.11,000/- towards the litigation charges & other expenses and
5. Any other relief or remedy which this Commission may deem fit and proper may also be passed in favour of the complainants and against the opposite party.

3.       The Complainant has also filed original receipt dated 15.04.2021 of Rs.13,000/- issued by the OP & original receipt dated 19.08.2021 of Rs.1,780/-, legal notice dated 05.10.2021, original postal receipt dated 06.10.2021, tracking report, emails sent report along with the complaint.

4.       Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did send any communication despite service of the notice. Since the OP has chosen not to contest the allegations levelled in the complaint despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted.

5.       The complainant has filed evidence by way of Affidavit. Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OP has chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment to the complainant by the OP. However, the material available on the record is sufficient to corroborate that the complainant has suffered directly due to deficient service on the part of the OP  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.

6. Therefore, we feel appropriate to direct the OP to pay the Complainant:-