BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No.378 of  2014

Date of Institution: 15-07-2014

Date of Decision: 10-06-2015  

Saurabh Jaiman C/o Surinder Sadana, A-449, Near Cedar Spring High School, Ranjit Avenue, Amritsar. 

Complainant

Versus

1. Arjun Trading Company, through its proprietor having its office at 16, Milap Avenue, The Mall, Amritsar or having its branch at above Digi World, Hall Bazaar, Amritsar-143001 (Authorized Dealer/ Agent)
2. Videocon Industries Limited, through its MD/ concerned Officer having its office at 14, KMS Stone, Aurangabad, Parithan Road, Chitegaon, District Aurangabad-431105 (Manufacturer)
3. Videocon Service Centre, through is Manager/ Concerned Officer, having its office at SCO-80-81-82, 2^nd Floor, Sector 17-D, Chandigarh (Service Centre)
4. Kenstar Service Centre through is Manager/ Concerned Officer having its office at Plot No. 1571, 1^st Floor, Lado Wali Road, Near Alaska Industries, Jalandhar.
5. Mr.Raman, Agent/ concerned officer of Kenstar Service Center having its office at Plot No.1571, 1^st Floor, Lado Wali Road, Near Alaska Industries, Jalandhar.

Opposite Parties

Complaint under section 12 of the Consumer Protection Act.

Present: For the Complainant: Sh. K.P.Singh, Advocate.

              For the Opposite Party No.1: Exparte.

              For the Opposite Parties No.2 and 3: Exparte.

               For the Opposite Parties  No.4 and 5: Given Up vide order dated 2.12.2014.

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member  

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Saurabh Jaiman  under the provisions of the Consumer Protection Act alleging therein that he purchased Air Cooler of Kenstar manufactured by Opposite Party No.2 bearing model No.CD 2010 worth Rs.7800/- vide invoice dated 29.5.2013 from Opposite Party No.1 with one year warranty. Complainant alleges that since the date of its purchase, said Air Cooler was not functioning properly. The Air Cooler was not cooling properly as the motor of the Air Cooler  was not functioning properly. After one month of its purchase, the cooler fully stopped working and became dead. As such, the complainant made so many complaints to Opposite Parties , but the Opposite Parties  did not pay any heed to the requests of the complainant.  The complainant made first complaint telephonically with Opposite Parties  in the first week of June 2013 and  thereafter, made plethora of complaints with them telephonically on 5.7.2013, 31.8.2013, 6.9.2013, 24.9.2013, 29.3.2014, 4.4.2014, 5.4.2014, 7.4.2014 and 9.4.2014, but the Opposite Parties  did not send any of their official to check or examine the defects in Air Cooler. Since the purchase of the said Air Cooler, till today the Air Cooler of the complainant remained dead and complainant is running from pillar to post to get redressal of his grievance, but all in vain.  However, on 5.6.2014, Opposite Party No.5 i.e. concerned officer of Opposite Party No.4 called the complainant and told that he is ready to replace his Air Cooler  with  new one of same make or in alternative to refund the amount  of Air Cooler  to him, but the Opposite Parties  till date, did not do the same. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to replace the Air Cooler  with new one of same make or in alternative refund the amount of Rs.7800/- alongwith interest. Compensation and litigation expenses were also demanded.
2. On notice, Opposite Party No.1  appeared  through Sh.Deepinder Singh, Advocate and  filed written version in which it was submitted that the complainant has never approached the Opposite Party No.1 with any problem in his Air Cooler  and no defect in particular has been mentioned in the complaint and as per the warranty obligation, if any, the same is to be redressed by the service centre and not by the Opposite Party No.1.   While denying and controverting other allegations, dismissal of complaint was prayed. However, at later stage  none appeared on behalf of Opposite Party No.1 for leading evidence. Costs also not paid. As such, Opposite Party No.1 was proceeded against exparte vide order dated 29.4.2015. 
3. None appeared on behalf of Opposite Parties  No.2 and 3, so Opposite Parties  No.2 and 3 were proceeded against exparte vide order dated 2.12.2014 of this Forum.  Moreover, on the statement dated 2.12.2014 of ld.counsel for the complainant, the names of Opposite Parties  No.4 and 5 have been deleted.   
4. Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C6 and closed the evidence on behalf of the complainant.
5. We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the complainant  and have appreciated the evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant.
6. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant purchased  one Air Cooler of make Kenstar manufactured by Opposite Party No.2, from Opposite Party No.1 vide invoice dated 29.5.2013 (Ex.C2) for a sum of Rs.7800/-. Complainant alleges that since the date of its purchase, said Air Cooler was not functioning properly. It was not giving proper cooling as the motor of the Air Cooler  was not functioning properly. After one month of its purchase, the cooler fully stopped working and became dead. The complainant approached Opposite Parties  through  telephone  in the first week of June 2013 and  thereafter, made so many complaints telephonically i.e. on 5.7.2013, 31.8.2013, 6.9.2013, 24.9.2013, 29.3.2014, 4.4.2014, 5.4.2014, 7.4.2014 and 9.4.2014. In this regard, the complainant produced all the details of mobile phones from 1.1.2014 to 1.5.2014 Ex.C3 and Ex.C5 and he also produced certificate summary of Bharti Airtel Limited Ex.C4 to the effect that the record regarding the mobile calls from the complainants’ mobile No.8146921699, from 1.6.2013 to 31.12.2013 is not available  in their CDR Frontend System as record is available only for the last one year, but the Opposite Parties  did not send any  of their officials/ technicians to check or examine the defect in the Air Cooler  and the Air Cooler  of the complainant remained dead, but the Opposite Parties  did not pay any heed to the request of the complainant to repair the Air Cooler in dispute to make it functional. Complainant further submitted that on 5.6.2014, Opposite Party No.5  called the complainant and told that he is  ready to replace his Air Cooler  with  new one of same make or in alternative to refund the amount  of Air Cooler  to the complainant, but the Opposite Parties  did not do so.  Ld.counsel for the   complainant  submitted that all this amounts to deficiency of service on the part of the opposite parties.
7. Whereas the case of the Opposite Party No.1 is that the complaint of the complainant is false. The complainant never approached the Opposite Party No.1 with any problem in his Air Cooler  and no defect in particular has been mentioned in the complaint. The problem, if any, is to be redressed by the service centre and not by the Opposite Party No.1. Opposite Party No.1 has only sold the product manufactured by Opposite Party No.2.  Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the opposite party No.1.
8. From the entire above discussion, we have come to the conclusion that the complainant purchased   one Air Cooler of Kenstar manufactured by Opposite Party No.2 from Opposite Party No.1 for a sum of Rs.7800/- vide invoice dated 29.5.2013 (Ex.C2). Said Air Cooler became defective, rather it totally stopped functioning after about one month. The complainant made so many complaints to Opposite Parties on telephone in  June 2013 and  thereafter, on 5.7.2013, 31.8.2013, 6.9.2013, 24.9.2013, 29.3.2014, 4.4.2014, 5.4.2014, 7.4.2014 and 9.4.2014 as is evident from the call details of mobile phone of the complainant made to the Opposite Parties  Ex.C3 and Ex.C5, but inspite of that, no person came from the Opposite Parties for the repair or to set right the Air Cooler  of the complainant. All this fully proves that the complainant was not provided with proper relief under warranty/ guarantee period of the product in question. The Opposite Parties  did not repair the product purchased by the complainant ie. Kenstar Air Cooler  and make it fully functional. All this proves that the Kenstar Air Cooler purchased by the complainant is totally non functional and is lying dead as the same is not repairable. Opposite Parties  No.2 and 3 did not dare to appear in this Fora despite service to contest the complaint filed by the complainant nor any person from their side dared to file  affidavit to rebut the case of the complainant. As such, we hold that the Opposite Parties  No.2 and 3 are certainly deficient in rendering services to the complainant and the product purchased by the complainant is not repairable.
9. Resultantly, we allow the complaint of the complainant with cost and the Opposite Parties  No.2 and 3 are directed to replace the Air Cooler of the complainant with new one of same make and model or to refund the amount i.e. price of the Air Cooler Rs.7800/- alongwith interest @ 9% per annum from the date of filing of the complaint till the payment is made to the complainant. Opposite Parties  No. 2 and 3 are also directed to pay the cost of litigation to the tune of Rs.1,000/- to the complainant.  Copies of the order be furnished to the parties free of cost. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Dated: 10-06-2015.                                                   (Bhupinder Singh)                                                                                               President

hrg                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

              Member                         Member