Chandigarh

DF-II

CC/593/2017

M/s KDDL Limited - Complainant(s)

Versus

Branch Manager Daikin Air Conditioning India Pvt. Limited - Opp.Party(s)

Rajesh Gaur Adv.

11 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	593/2017
Date of Institution	:	08.08.2017
Date of Decision	:	11.10.2017

 

                                       

                                               

M/s KDDL Ltd., SCO 88-89, Sector 8-C, Chandigarh through Mr.Raman Kumar Sood, Company Secretary, Authorized Signatory of the Company.

                                ...  Complainant.

Versus

 

1.     Branch Manager, M/s Daikin Air Conditioning India Pvt. Ltd., SCO 14-15, Sector 9-D, Madhya Marg, Chandigarh.

 

2.     Regional General Manager, M/s Daikin Air Conditioning India Pvt. Ltd., 12^th Floor, Building No.9, Tower A, DLF Cyber City, DLF Phase-III, Gurgaon-122002, Haryana.

 

3.     Dinesh Dania, Proprietor, Precise Air-Conditioning Solutions, SCO 9, Sarswati Vihar, Dhakoli Zirakpur Punjab.

 

4.     Director, Regd. Office: Daikin Air Conditioning India Pvt. Ltd., 210, 1^st Floor, Okhla Industrial Area, Phase-3, Delhi-110020.

…. Opposite Parties.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by: Sh.Rajesh Gaur, Adv. for the complainant

                    OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

                In brief, the complainant-company purchased a split AC 1.8 from OP No.3 vide Invoice dated 18.05.2017 for Rs.43,000/- and the same was installed at the residence of its chairman by paying an additional amount of Rs.3,200/- towards its installation. But the said AC developed fault and stopped working from the very first day of installation.  On the complaint, the engineer of the OP checked the AC on 29.05.2017 and gave report (Annexure C-2) “the AC not working” and action taken “AC check the unit PCB Problem”.  Thereafter the AC did not function properly and as such the complaints were lodged at the toll free number of the Company. It was alleged that the AC became non-functional within one and half month of the repair of the PCB.  The AC was again inspected on 14.07.2017 by the Engineer of the Service Center and who gave his report (Annexure C-3) that the AC was not working due to the fault with the PCB and he could not repair the same. Finally, the complainant made representations dated 17.07.2017 and 19.07.2017 (Annexures C-4 and C-5) for replacement of the AC but to no effect. It has further been averred that even the legal notice served upon the OPs failed to yield any result. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint.

2.         Despite due service through registered post, the Opposite Parties failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 28.09.2017.
3.         We have heard the Counsel for the complainant and gone through the documentary evidence on record.
4.         In exparte evidence, Sh.Raman Kumar Sood, Company Secretary of the complainant-Company has filed his sworn affidavit reiterating the averments as made in the complaint.   Annexure C-1 is the Invoice regarding the purchase of the AC in question from OP No.3. Annexure C-2 and C-3 are service reports vide which the AC in question checked by the Service Engineer of the OPs who found the problem with PCB unit.  Annexure C-4 and C-5 are the copies of the representations dated 17.07.2017 and 19.07.2017 sent by the complainant to the OP-Company for replacement of the machine in question. Annexure C—6 is the copy of the legal notice dated 27.07.2017 got served by the complainant upon the OPs requesting them to replace the machine in question or in the alternative to refund its price alongwith the installation charges etc.   The evidence led by the complainant has also gone unrebutted and uncontroverted as nobody has put in appearance on behalf of the OPs to refute the allegations made in the complaint despite due service.  It can, thus, be concluded without any hesitation that either they admit the claim of the complainant or have nothing to say in the matter.   
5.         Needless to mention here that the AC in question developed defect in the PCB after few days of its purchase/installation and the complainant-Company had already given a long hand to Opposite Parties to repair the AC, in question. But the OPs did not bother to redress the genuine grievance of the complainant even after receipt of the legal notice and ultimately it has to file the instant complaint. In this view of the matter, the grievance of the complainant cannot be redressed by directing the Opposite Parties to repair the AC in question because the consumer had lost faith in that company’s product. If the repaired product develops the defect again then the consumer will be put to much larger harassment because it had to fight another bond of litigation which will be highly torturous for the complainant. 
6.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The Opposite Parties are directed as under ;-

1. To replace the AC in question with a new one of the same make and model and to give a fresh warranty to the complainant-company from the date of its replacement.
2. To pay a sum of Rs.2,500/- as compensation for mental agony and physical harassment to the complainant.
3. To pay Rs.5,500/- as litigation expenses.

7.         This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall carry interest @9% per annum from the date of the order till its actual payment besides compliance of the directions as mentioned at Sr.No.(i) and (iii).
8.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

11.10.2017 

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER