Order-17.
Date-11/08/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that he purchased 7 units of Ceiling fans of C.G. Mount Birge 48 inch made by Crompton Greaves Ltd. Rs.1350/- per unit and of total payment of Rs.9,450/-. He purchased 7 units of fans from Asish Electric Company against original Bill No.C M-1682 on 07-05-2014 and at the time of purchase warranty card was provided to the complainant and it specifically mentioned in the said warranty card that if there is any manufacturing defect within a period of 2 years from the original purchase the same shall be replaced.
But after purchase complainant was astonished to find that these ceiling fans being manufactured by the OP company is not giving proper service and after noticing the same complainant informed to the company about the said defects but after repeated reminders and demands a person from M S. Service Centre came to the residence of the complainant and they noted that there is manufacturing defect and took the said derfective ceiling fans by issuing job shit no.917 dated 28-10-2014 under Job No.1409053879 intimating in the said job sheet about the problem and after repair 6 fans were handed over to the complainant in the month of September, 2014 but even after that defects were not cured but it was found that the said fans again become defective and spread no air and that fact was also informed to the OPs on the same date and at the same time one person from M.S. Service Centre came and reported that the said ceiling fans suffer from fault Crang Ne Debi Bari under job No.1409053879 and job sheet No.917 dated 28-10-2014. But even after repairing the said ceiling fans are not giving service satisfactory but OPs have tried all time for repairing but ultimately failed and truth is that manufacturing defects are not cured at any point of time. So, the family members of the complainant suffered much because investing huge amount they have failed to get cool breeze of fans and for which complainant and his family members are facing very critical days in hot season due to deficiency in service on the part of the OPs and also for not discharging the practical obligation of the OP as per warranty, so, complainant for negligent and deficient manner of service filing this case prayed for replacement of the same by new one and for compensation.
On the other hand, OPs by filing written statement submitted that complainant wrongly alleged that 6 fans were defective. Fact is that he lodged complaint only for 3 fans and the job sheet of OP2 is a matter of record in this regard but complainant has concealed that the said authorized service centre had immediately reported that there was no manufacturing defect in two of these fans and the same were immediately returned upon reducing the noise level therein as requested by the complainant. Complainant further concealed before the Forum that he was informed by the OP2 to 5 that the 3rd fan would be replaced. However, since the relevant model of fan required to be so replaced was not available in the stock in hand, the complainant was requested to wait so that fresh stock could arrive but complainant apparently on advice of the counsel did not wait for replacement but filed this false complaint and OPs 2 to 5 are willing to replace the relevant fans as such the entire complaint is false and fabricated and for which it should be dismissed.
Decision with Reasons
On proper consideration of the entire materials on record and also considering the service job sheet it is found that B.K. Bajoria deposited three fans on 07-01-2015, 28-10-2014 and 28-10-2014 and in respect of on three fans complaint was filed and forthwith the service centre of the manufacturing company took initiative, remove the defects and thereafter handed over the fans but they assured that the said three fans would be replaced after receipt of three similar type of fans of the same manufacturer and OPs 2 to 5 have already informed the complainant to wait for some time for replacement but fact remains OPs gave services forthwith and in respect of only three fans there were some defects but in respect of other four fans out of seven fans there were no defects. So, apparently it is clear that OPs rendered good service to the complainant as per warranty clause. They also requested the complainant to wait for replacement and asked them to enjoy these fans after repairmen but anyhow complainant did not want to wait and ultimately filed this compliant which is no doubt uncalled for. Anyhow OPs already admitted that they already instructed the complainant to go to their service centre for replacement but complainant did not go because it has become a practice to get some compensation and litigation cost but they are not willing to minimize the matter when OPs agreed to replace the same and when OPs are willing to replace the same and fans are being used then under no circumstances, the allegation of the complainant that the fans have their manufacturing defect is completely false. Only for some purpose after using the same since date of purchase on 07-05-2014 and after using the same for one year complainant is trying to get replacement of other 4 fans and that is no doubt an unethical attempt on the part of the complainant but it is proved that out of purchased 7 fans in respect of 4 fans there are no problems and in respect of other 3 fans same were collected by the OPs Service Centre and which were repaired and complainant is enjoying the cool breeze but OP company is also willing to replace for certain technicalities but no manufacturing defect was there but for removing technical defect they are willing to replace 3 fans but complainant did not want to get the relief as it would be given by the OPs, so, he appeared before this Forum but ultimately at the time of hearing of the argument we find that the complainant is a business man and those fans were not purchased for his family purpose. Whatever it may be OPs are willing to replace three fans to the complainant and practically complainant made allegation against the OPs but OPs always repaired it and wanted sometime for replacement. For which we have gathered that the allegation as made by the complainant against the OPs are not proved because complainant has failed to produce any document to show that OPs did not render any service or acted in any negligent manner. At the same time as per warranty clause OPs assured the complainant that they shall have to replace the same after receipt of the same model and as because at the relevant time said model was not at market but complainant did not want to wait because he is a greedy businessman. In view of the above fact we are disposing of the complaint but without any cost because complainant has stated some false statement before this Forum that these fans have their manufacturing defect but in fact complainant filed no document in respect of manufacturing defect but only in respect of three fans some technical problem was found and that was repaired and complainant was assured that it shall be replaced after supply from manufacturing company.
Hence,
Ordered
That the case be and the same is allowed in part on contest against OPs 2 to 5 and same is dismissed against OP1 but without any cost both the cases.
OPs 2 to 5 are hereby directed to replace three new fans against the present technically defective three fans and invariably complainant shall have to produce the said three defective fans before the OPs 2 to 5 and OPs 2 to 5 after receipt of the same shall have to hand over 3 units of new fans to the complainant and it must be complied with within one month from the date of receipt of the technically defective fans three in number from the complainant, if OPs 2 to 5 failed to comply the order penal action shall be started against them for which they shall be further prosecuted.
