BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 279 of 2019
Date of Institution : 24.5.2019
Date of Decision : 25.07.2019.
Ravinder Kumar Bansal son of Shri Pawan Kumar Bansal, C/o Nohar Chand Pawan Kumar, Shop No.136, New Grain Market, Mandi Dabwali, District Sirsa.
……Complainant.
Versus.
- Brar Fridge & A.C. Service, Near Punjab Kitab Centre, Mandi Dabwali, District Sirsa, through its proprietor/ partner.
- Mitsubishi Electric India, IAPL House, 2/8 West Patel Nagar, IAPL Group Pvt. Ltd., Near Patel Nagar Metro Station, New Delhi, through its Manager.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. ISSAM SINGH SAGWAL …… MEMBER.
SMT. SUKHDEEP KAUR………….MEMBER
Present: Sh. Yogesh Kumar Garg, Advocate for the complainant.
Opposite parties exparte.
ORDER
The case of the complainant in brief is that as per recommendation of op no.1, the complainant purchased 1.5 ton Mitsubishi air conditioner from op no.1 for a sum of Rs.47,500/- vide invoice no.416 dated 28.5.2018 for the room of size 20’ x 10’ with warranty of five years. That thereafter, the op no.1 got installed the said air conditioner at the premises of the complainant from its engineer. But the said ir conditioner did not work even for a day. There was no proper cooling from the said air conditioner. After two days of installation of the said air conditioner, the complainant lodged the complaint with op no.1, whereupon op no.1 got checked the said air conditioner and changed the Gas but even then it did not give proper cooling. That thereafter, the complainant further lodged the complaint on the customer care of op no.2 but of no use. Now, the said air conditioner is lying at the premises of complainant as non functional and he is unable to enjoy the fruits of this air conditioner in the peak summer season for which he incurred such a huge amount and the complainant has suffered harassment and complainant is entitled to compensation of Rs.50,000/-. That since there is manufacturing defect in the above air conditioner, so the complainant is entitled to either replacement of the same with a new one or refund of its price. That complainant approached the ops with the said request but they did not pay any heed to the same. Ultimately, the complainant got served a legal notice upon the ops on 26.7.2018 but to no effect. Hence, this complaint.
2. On notice, opposite parties failed to appear before the Forum and were proceeded against exparte.
3. The complainant tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C6.
4. We have heard learned counsel for complainant and have perused the case file carefully.
5. In order to prove his complaint, the complainant has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments made in the complaint. He has also placed on record copy of tax invoice dated 28.5.2018 Ex.C1 vide which the complainant purchased the air conditioner in question for a sum of Rs.47,500/- from op no.1. The complainant has also placed on file copy of legal notice Ex.C2 and postal receipts Ex.C3, Ex.C4 and reports of mechanics as Ex.C5 and Ex.C6. On the other hand, opposite parties did not put their appearance and opted to be proceeded against exparte. The evidence led by complainant goes as unrebutted and unchallenged. It is proved on record that complainant has purchased air conditioner of 1.5 ton for Rs.47,500/- from op no.1 on 28.5.2018. As per allegations of the complainant, the air conditioner did not work even for one day because there was no proper cooling from day one and he had been approached the ops with the request to make it fit for giving proper cooling in the premises where it is installed. Since it is proved fact on record that air conditioner of the complainant is in warrantee period, as such it is legal obligation of the ops to provide after sales services to the complainant and to make air conditioner defect free in order to give proper cooling in the premises of complainant.
6. In view of the above, we allow this complaint and direct the opposite parties to carry out necessary repairs in the air conditioner and to make it defect free even by replacing any part without any costs within a period of 15 days from the date of receipt of copy of this order. In case it is found that air conditioner is not repairable, then the ops are directed to replace the same with a new one of same make and model or in the alternate to make refund of the amount of air conditioner i.e. Rs.47,500/- to the complainant within a period of further 15 days. We also direct the ops to pay a sum of Rs.5000/- as composite compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. Member Member President,
Dated:25.7.2019. District Consumer Disputes
Redressal Forum, Sirsa.
