Delhi

East Delhi

CC/773/2013

DINESH GARG - Complainant(s)

Versus

ARISE INDIA - Opp.Party(s)

25 Sep 2017

ORDER

                  DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no         773 / 2013

                                                                                                  Date of Filing                           04/09/2013

                                                                                                  Order Reserved on                 25/09/2017

                                                                                                  Date of Order                          27/09/2017   

                                                                                                        

In matter of

Mr. Dinesh Garg, adult 

S/o Sh Kishan Lal Garg  

R/o-4/250, Khichripur

Delhi 110091……………………….……………….……..…………….Complainant

                                                                  

                                                                     Vs

 

1-M/s Arise India Ltd.

B 38, Jain Chauk, Manglapuri

Palam, Delhi 110045

 

2-M/s  Bhagwati Electricals (Dealer)

F 4, Unchepar Main Road, Mandawali

Delhi 110092……..………..………………...………………………  Opponents

 

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                   

 

Order by Dr P N Tiwari  Member 

 

Brief Facts of the case

  

Complainant purchased one Arise Split AC from OP 2/ Bhagwati Electricals for a sum of Rs 20,000/- vide bill no. 1093 dated 10/07/2012 (Ex CW1/1) which was manufactured by OP1 / M/s Arise India Ltd. and had one year standard warranty on AC and 4 year warranty on compressor (Ex CW1/2).

The said AC developed some cooling problems on 10/04/2013, complainant lodged complaint with OP2 on 15/04/2013 vide no. 136/5, but did not get any response from OP2 so he again complained on 11/05/2013 vide complaint no. 840/5 on customer care no. 9910488322.

It had been stated that it was the necessity of the said AC as season was very hot and his family was unable to bear the hot season. When he did not get any response from OP1 or 2, so he gave a legal notice on 11/05/2013 to OPs through speed post (Ex CW1/3) for refund of the cost of AC with compensation for mental harassment and agony.

When no reply of legal notice was received, he filed this complaint and claimed refund of the cost of the AC a sum of Rs. 20,000/- with 24% with compensation Rs 50,000/-and litigation charges Rs 11,000/-. 

Notices were served, but neither OP1 nor OP2 put their appearance or submitted their written statement despite of serving number of notices, so case was proceeded Ex Parte.

Complainant submitted his Ex Parte evidences on affidavit and affirmed himself on oath that all the facts and evidences were correct and true and all correct facts had been stated in his complaint. 

Arguments were heard from the complainant as OPs did not put their appearance despite of being served Forum’s notice for the date of arguments. File was perused and order was reserved.   

We have gone through all the facts and evidences on record and ex-parte evidence from complainant as they were uncontroverted. So reliance was taken on the facts and evidences.  It was evident that complainant had purchased the said split AC from OP2 which was manufactured by OP1 and had standard warranty of one year and compressor had four years warranty. Despite of being under warranty, problems were not rectified by OP1 being the manufacturer of the said AC. This clearly depicts deficiency in services from OP1, more so when complainant had lodged several complaints on their customer care number in hot sunny season of May in Delhi.

We have perused the complaint and as prayed by the complainant as OPs being Ex Parte, so we are of the opinion that this complaint has merit and thus pass the order as follows—

1. OP 2 is directed to refund the cost of the AC a sum of Rs 20,000/- with 9% interest from the date of filing of this complaint as AC being sold by them (OP2) within 30 days from the receiving of this order.
2. We also award compensation of Rs 5,000/- to be paid jointly by OP1 and OP2 in time essence. This will include the litigation cost also.   
3. If order is not complied within time essence, the complainant shall be entitled for 9% interest on all awarded amount till realization.

The copy of this order be sent to the parties under section 18 of The Consumer Protection Regulation (in short CPR) and file be consigned to the Record Room under section 20 of the CPR.

 

(Dr) P N Tiwari Member                                                                                   Sukhdev Singh President