BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM (CAMP SITTING AT PIRAVOM).

Date of filing : 20/02/2015

Date of Order : 17/08/2015

Present :-

Shri. Cherian. K. Kuriakose, President.

Smt. V.K. Beena Kumari, Member.

C.C. No. 137/2015

Between

And

O R D E R

V.K. Beena Kumari, Member.

1. A brief statement of the facts of this complaint is as follows :-

The complainant purchased a Voltas 12V DX inverter A/c unit from the 2^nd opposite party on 25-03-2014 for Rs. 35,300/-. The 1^st opposite party the manufacturer of the product provided one year warranty for the A/c unit and 5 years warranty for the compressor. The A/c unit became non-functional within 3 months from the date of purchase of the product and a technician of the 1^st opposite party examined the A/c unit on 03-07-2014 and the A/c unit became functionless again on 25-07-2014. This time, the panel board and some other parts of the product were replaced by the technician of the 1^st opposite party, but on 06-10-2014 the A/c unit went out of order and the technician replaced the panel board and motor of the product, but the technicians failed to identify the problem and to rectify the defect of the product. The complainant contended that A/c unit is suffering from substantial manufacturing defects, hence the complainant sought for a direction of this Forum to refund the price of the A/c unit to the complainant with interest at the rate of 12% p.a. from the date of purchase till realisation. The complainant also sought for a direction to the opposite parties to pay Rs. 20,000/- towards compensation for the mental agony suffered by him and for the loss of A/c facility for a long period along with costs.

2. Notices were issued from this Forum to the opposite parties and were served on them. But both the opposite parties opted to remain absent from the proceedings of the case. Also nobody represented the opposite parties before this Forum. Hence, the counsel for the complainant was heard and this complaint is disposed off ex-parte.

3. The complainant filed proof affidavit and furnished documentary evidences marked as Exts. A1 and A2 series on the side of the complainant. Neither oral nor documentary evidence furnished by the opposite parties.

4. The main issues to be decided in this case are as follows :-

1. Whether the complainant has proved that there is inherent manufacturing defects in the inverter A/c unit purchased by him?

2. Whether the complainant is entitled to get refund of the price of the A/c unit along with interest thereon?

3. Whether the opposite parties are liable to pay compensation to the complainant?

4. Whether the complainant is entitled to get costs of the proceedings?

5. Issue Nos. i. & ii. :- The complainant had purchased a Voltas 12V DX inverter A/c on 25-03-2014 for Rs. 35,500/- as evidenced by Ext. A1 retail invoice issued by the 2^nd opposite party. M/s. Multi Sales, Ravipuram, Kochi. The above said A/c unit became functionless within 3 months and the 1^st opposite party deputed one technician to examine and rectify the defects of the A/c unit. The A/c unit was examined by him on 01-07-2014 as evidenced by Ext. A2 (series No.1) service report of the 1^st opposite party and the A/c unit was repaired. But again in the very same month ie. on 25-07-2014, the A/c unit became functionless. The A/c unit was again repaired on 25-07-2014 as evidenced by Ext. A2 (series No.2) service report of the 1^st opposite party by replacing the panel board and some other parts of the A/c unit. The A/c unit became functionless within the next 3 months ie. on 06-10-2014. The panel board was again replaced. The motor of the A/c unit was also replaced. But the technician failed to identify the real problem of the A/c unit and to rectify the defect of the product. At this juncture, the complainant sought a direction from this Forum to the opposite parties to refund the price of the A/c unit and to pay compensation for the mental agony suffered by the complainant. From the facts mentioned above, it is evident that the Voltas 12V DX inverter A/c unit purchased by the complainant became non-functional within 3 months of its purchase and the unit worked for the next 3 moths after repair and became out of order on 01-07-2014 and again in the very same month ie. on 25-07-2014, the A/c unit was functionless and was repaired, but in vain. The recurring defects of the A/c unit that too during the warranty period show that the A/c unit is suffering from inherent manufacturing defects. The complainant succeeded in establishing the above fact by adducing necessary evidences. Thus, we find that the complainant is entitled to get refund of the price of the A/c unit of Rs. 35,550/- with interest @ 12% p.a. from 25-03-2014, the date of purchase till realisation.

6. Issue Nos. iii. & iv. :- From the facts and circumstances of the case, it is evident that the brand new A/c unit could be used only for the 1^st 3 months of its purchase. Considering the recurring defects of the A/c unit in the warranty period, he 1^st opposite party manufacturer ought to have replaced the defective A/c unit with another new A/c unit. This was not done. The complainant was unnecessarily dragged to this Forum to redress his grievances. In the above circumstances, we find that the complainant had undergone severe mental agony and had not availed the smooth A/c facility even during the warranty period. We therefore find that the complainant is entitled to compensation for the above inconvenience and mental agony suffered by him. We fix the compensation at Rs. 15,000/- and costs of the proceedings at Rs. 5,000/-.

7. In the result, this complaint is party allowed and we direct as follows :-

1. The 1^st opposite party shall refund the price of the A/c unit of Rs. 35,500/- (Rupees Thirty five thousand and five hundred only) with interest @ 12% p.a. from 25-03-2014 till realisation.

2. The 1^st opposite party shall also pay Rs. 10,000/- (Rupees Ten thousand only) towards compensation for the inconvenience and mental agony suffered by the complainant.

3. The 1^st opposite party shall also pay Rs. 5,000/- (Rupees Five thousand only) to the complainant towards costs of the proceedings.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 17^th day of August 2015

Forwarded/By Order, Sd/- V.K. Beena Kumari, Member.

Sd/- Cherian. K. Kuriakose, President.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil