Delhi

East Delhi

CC/316/2016

AKHIL JAIN - Complainant(s)

Versus

BADYLON SALES - Opp.Party(s)

16 May 2018

ORDER

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

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

                                                                                                  Consumer complaint no         316 / 2016

                                                                                                  Date of Institution                  14/06/2016

                                                                                                  Order Reserved on                 16/05/2018

                                                                                                  Date of Order                          17/05/2018   

                                                                                                        

In matter of

Mr. Akhil Jain, adult 

S/o Sh  Vimal Prasad Jain   

R/o –C-68B, West Jyoti Nagar Extn.    

Loni Road Shahdara, Delhi 110094….……………….……..…………….Complainant

                                                                   Vs

M/s  Babylon Sales & Services   

C1, East Baldev Park,

Parwana Road, Delhi 110051 ……..………………...………………………  Opponent

 

Complainant..……………….In Person  

Opponent……....…………….Ex Parte  

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                    

                         Mrs Harpreet Kaur     Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case

  

Complainant took AMC for two years from Carrier Midea vide AMC form no. 10886 from 11/07/2014 to 09/07/2016 after paying Rs 4034/- through cheque of HDFC bank (Ex CW1/1) as complainant had his AC of Carrier co. The said AC developed cooling problem on 03/04/2016 (Ex CW1/2) so contacted OP/ Babylon Sales & Services as authorised service center to many brands vide complaint no. 13962056 on 03/04/2016 and the said AC was picked by OP for service and after repairing AC, it was returned on 12/04/2016. It was stated that complainant paid its pickup and drop charges to OP as Rs 500/-The same problem re occurred on 14/05/2016 so again complaint was lodged with OP vide complaint no. 1310/90/9. After filling gas, AC was reinstalled on 25/05/2016 and complainant paid Rs 500/- as its pickup dropping charges (Ex CW1/3).

Complainant stated that after installing after filling gas on 25/05/2016, cooling problem again occurred, so complainant went to OP to lodge his complaint. Service engineer visited and after inspection, it was told that condenser coil had defect which was causing repeated gas leakage and the same had to be replaced so complainant paid Rs 4700/ and coil was replaced on 25/05/2016 vide receipt no. 537 (Ex CW1/4). It was stated by the service engineer to purchase a voltage stabilizer as electricity supply was not proper which was resulting in gas leakage problem, hence complainant purchased new voltage stabilizer for a sum of Rs 4000/-on 14/06/2016.

As complainant got harassed by repeated occurring gas leakage problem from the said AC despite of repeated occurring gas leakage problem in summer season, so purchased another 1.5 ton AC vide model no. ACWA5GW3 for a sum of Rs 22,200/- from Metro Refrigeration & Electronics (Ex CW1/5) on 10/07/2016 and was running without problem, so he filed this complaint against the deficiency of OP for unable to find out the reason of repeated leakage of gas under AMC period so claimed replacing new AC by OP and refund of condenser coil cost Rs 4700/- besides compensation of Rs 50,000/- for physical harassment and mental agony and Rs 10,000/- as litigation charges.  

After repeated serving of notices, OP’s representative put appearance, but did not submit written statement. Number of opportunities were given to OP to submit reply, but failed to submit written statement, so OP was proceeded Ex-Parte and complainant thereafter submitted his Ex-Parte evidence on affidavit where he himself reaffirmed on oath that all his facts and evidences were true and correct. Till the date of arguments, OP did not appear and neither controverted the facts and evidences, so taken as true and correct.

Hence we have taken merits of this complaint and pass following order as under-

1. OP shall provide AMC services for another one year from the date of receiving of this order and shall provide hassle free services to the complainant.
2. We also award compensation of sum of Rs 10,000/- for harassment and mental agony to the complainant. This will include litigation charges also.  
3. If order is not complied within stipulated time, complainant shall be entitled for 9% interest on entire awarded from the date of order till realized.  
4. There shall be no other order to cost.  

The copy of this order be sent to the parties as per regulation 18(1) of the Consumer Protection Regulations, 2005 (in short the CPR) and file be consigned to the Record Room uinder regulation 20 of the CPR.

 

(Dr) P N Tiwari Member                                                                              Mrs Harpreet Kaur  Member                                                                            

                                                      Sukhdev Singh President