Haryana

Ambala

CC/220/2017

Vidhu - Complainant(s)

Versus

Ashok Radios - Opp.Party(s)

In Person

29 Jan 2019

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no.        : 220 of 2017

                                                          Date of Institution         : 04.07.2017

                                                          Date of decision   : 29.01.2019  

 

 

Vidhu son of Late Shri Gulshan Kumar resident of House No.48A, Laxmi Vihar, Village Jandli, Post office Jandli, Ambala City.  

……. Complainant.

 

                                                Vs.

 

1.  Ashok Radios & Kotwali Bazar, Ambala City purchased from Branch in the name of M/s Shilpa Agencies, Hissar Road, Opposite New Grain Market, Ambala City.

2.  Vego Home Science Pvt. Ltd. 301-304, Acme Industrial Park, opposite I.B.Patel Road, Western Express Highway, Goregaon East, Mumbai, Maharashtra-400064.

 

 ….…. Opposite Parties.

 

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   DR. SUSHMA GARG, MEMBER

                  

 

 

Present:       Sh. Manish Kasyap, counsel for complainant.

                   Sh. Rajiv Sachdeva, counsel for OPs.

 

 

As per:- D.N.ARORA PRESIDENT

                   In nutshell, brief facts of the present complaint are that the complainant had purchased a Air Cooler of Vego Company Model Maxima from Op No.1 on dated 16.05.2017 vide Bill No.2618.  After some days of purchase of cooler, the cooler started trouble in functioning not standing properly and is unbalanced and water pump in the cooler are not working properly. The complainant lodged a complaint to the Ops on 09.06.2017 vide complaint No.HAR-1706090002 and they also given Engineer Code No.005307. On 11.06.2017, a untrained person came to the house of the complainant and he failed to satisfy the complainant and told him for sending company engineer but they did not sent any Engineer. The complainant made many telephone calls to the Ops but they did not listen the talk of the complainant. On 13.06.2017, the complainant again lodged a complaint vide complaint No. HAR1706130002 and the Ops also given Engineer Code 005078 to the complainant. After that no Engineer came to the house of the complainant for repire cooler and he made many telephone calls to the Ops but to no avail. Hence, the present complaint.

2.                Upon notice, OPs No.1 & 2 appeared and filed written statement submitting that the present complaint is not maintainable. The Op No.2 is a renowned company in Electric and Electronics products and commodities and is manufacturing electric and electronics products for the past several years. The technology used by the company in manufacturing the World Class products is highly sophisticated and no deficiency in service on the part of the Ops. The answering Op No.1 is an authorized dealer of the OP No.3 and he sold the brand new Air Cooler in good working conditions without any defect to the complainant and he purchased the same after satisfaction of running/working conditions of the Air Cooler. The complainant shifted the cooler after the filled conditions of water and one wheel of the cooler is damaged and the cooler in question was un-balanced due to one wheel damaged and this facts was also disclosed by the complainant to the technician of the company and the complainant refused to change the wheel and he is adamant to change the cooler with new one. It is submitted that the answering Op No.2 is always ready to rectify the cooler of change the wheel or parts of the cooler as per the terms and conditions of the warranty. It is denied that the engineer of the company was untrained persons and he failed to satisfy the complainant. It is submitted that the cooler of the complainant is well in working conditions and no defect in functioning. It is further submitted that the complainant shifted the cooler after the filled conditions of water and one wheel of the cooler is damaged and this was also disclosed by the complainant to the technician of the company and the complainant refused to change the wheel of the cooler. He is adamant to change the cooler with new one. It is further submitted that after that Op No.2 made so many calls to the complainant to rectify the unbalance problem but he adamant to replace the same. The company policy the company gives one year warranty on the Air cooler, warranty means in case of any problem with the unit the unit will be repaired or its part will be replaced as per company policy. It is submitted that the answering respondent No.2 is always ready to rectify the cooler or change the wheel or parts of the cooler as per the terms and conditions of the warranty. So, OPs No.1 and 2 have prayed for dismissal of the present complaint.

3                 To prove his version complainant tendered his affidavit as Annexure C-A along with documents as Annexure C-1 to C-8 and close his evidence. On the other hand, counsel for Ops has also tendered affidavits as Annexure R-A & R-B and documents as Annexure R-1 to R-3 closed his evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file.

5.                The grievance of complainant is that Air Coller in question is starting giving problem of the cooler started trouble in functioning not standing properly and is unbalanced and water pump in the cooler are not working properly during the warranty period. To prove abovesaid defects complainant moved an application for inspection of the Air Cooler in question and same was allowed by this Forum v.o.d. 13.06.2018 as principle government ITI was directed to depute some Expert person in the trade of Electrical Engineer and give the report technical defect or any other manufacture defect. Accordingly, Sh. Satvir Singh, Instructor Electrician, ITI Ambala City, was appointed as Local Commissioner who tendered his report dated 09.07.2018 on 11.07.2018 whereby he has pointed out that:

 “After inspection it was found that in the said Air Coolar no manufacturing defects of body and motors only a small unbalance of wheels of Air Cooler Water Tank. Which is adjustable manually otherwise replace the wheels of Air Cooler Water Tank”.

 

                   The complainant has filed the application for violation of the orders of this Forum and he alleged in the application that Satvir Singh, Instructor Electrician ITI Ambala City has not touch the cooler at the time of inspection whereas the mechanic of the opposite party make/additions/adulterations in the said cooler and has been getting the repairs done, which is against the provisions of Law and violation of the orders of this Forum. The Ops have file the reply of the application and denying the allegation made by the complainant to ascertain the allegation made by the complainant against the LC and this forum has directed the LC to come present and explain the allegation made in the complaint. LC was cross-examined by the complainant but nothing came into his favour LC remain strict to his report as stated that he made the report according to the defect found in the cooler in question and he has denied the allegation made by the complainant. However LC has categorically specifically reported that Air Cooler having no manufacturing defect of body and motors only a small unbalance of Wheels of the Air Cooler Water tank which is adjustable manually otherwise  replace the wheels of the Air Cooler Water Tank. We are the confirm view that the water cooler having no manufacturing defect only wheel of the Air Cooler is defective one and Ops are bound to replaced the same but they failed to short time such type of small problem in spite of the complainant has sent the mail to the Ops but they failed to do so. In this way Ops are negligent to perform their duty which tantamount to deficiency in the service on the part of the Ops.

5.                In view of above discussion, the present complaint is hereby partly allowed with cost which is assessed Rs.5,000/- and Ops No. 1 and 2 (being a dealer and manufacturer) are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      The Ops No. 1 & 2 are directed to replace the wheel of the Air Cooler in question with new one and for smooth functioning of the Air Cooler  free of cost and Ops are directed to make it in working condition within stipulated period (30 days) after receiving copy of the order.   

(ii)     To pay the Rs.5,000/- cost of litigation as assessed amount.

                   Copy of the order be sent to the parties concerned, free of costs, as per rules. File  be consigned after due compliance to record room.

 

Announced on :29.01.2019                        

                                      

 

(DR. SUSHMA GARG)                    (D.N. ARORA)                                          Member                                           President