DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1576/2014
D.No.__________________ Date: ________________
IN THE MATTER OF:
MANISH KUMAR GROVER,
S/o SH. A.K. GROVER,
R/o 220, KOHAT ENCLAVE,
PITAM PURA, DELHI-110034.… COMPLAINANT
Versus
1. SARGAM INDIA ELECTRONICS PVT. LTD.,
(THROUGH ITS MANAGER),
498, KOHAT ENCLAVE, PITAM PURA,
DELHI-110034
2. COOL CARE SERVICE (SERVICE CENTER),
(THROUGH ITS MANAGER),
B-54, BADLI EXT., DELHI-110042.
3. CARRIER AIR CON. LTD. (MANUFACTURER),
(THROUGH ITS MANAGER),
VILLAGE-NARSINGHPUR,
DELHI-JAIPUR-HIGHWAY, GURUGRAM,
HARYANA-122001. … OPPOSITE PARTY (IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 24.12.2014
Date of decision:13.09.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging
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that the complainant purchased a Carrier Company Window A.C. bearing model no.Carrier WRAC-12K-ESTRELLA Plus, 1 ton A.C. of Rs.24,400/- with its stabilizer amounting Rs.2,000/- i.e. total amounting Rs.26,400/- on 06.06.2014 from OP-1 and since the date of purchase the said A.C. is not working properly, smoothly, it gives unpleasant noise and the said A.C. is not cooling properly. Thereafter, many complaints, the engineers came to the premises of the complainant and repaired the said A.C. but not properly and the complainant made many complaints, the said A.C. is not working properly not cooling but there is no proper response on the part of OPs. The complainant further allegedthat there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the invoice amount of Rs.26,400/- (price of the said A.C. with stabilizer) as well as compensation of Rs.1,00,000/- for causing him mental agony and harassment and has also prayed for grant of legal expenses of Rs.8,000/-.
3. OP-1 & OP-3 have been contesting the case and filed their separate reply. OP-1 submitted in its reply, the complainant has purchased one Window A.C. manufactured by Carrier from OP-1 vide invoice no. SPP-05819 dated 06.06.2014 and the complainant was given sealed pack and new Carrier Window A.C. by OP-1 and was fully
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satisfied at the time of purchase. OP-1 further submitted that the complainant has always directly contacted the manufacturer and principal service provider i.e. OP-2 & OP-3 and the complaint is not maintainable on the ground that the A.C. was defective from the date of purchase and the complaints attached by the complainant from October-2014 onwards that is after 4 months of the purchased and during the entire season of summer the complainant has well used the A.C. OP-1 further submitted that the complaint is not maintainable and is liable to be dismissed.
4. OP-3 submitted in its reply, the unit bearing model no. Carrier WRAC-12K-Estrella Plus 1 Ton was purchased by the complainant on 06.06.2014 and the first complaint on the service helpline number of OP was received on 02.09.2014 and on receipt of the said complaint, the technician of OP visited the complainant on the same day to check the subject unit and on examination the technician did not find either any noise problem or any cooling problem in the subject unit as has been alleged by the complainant in the captioned complaint but since there was sound of air flow in the disputed unit, the complainant kept insisting that there is abnormal noise coming from the subject unit and the technician did dry service of the subject unit and also explained to the complainant that the sound about which he is complaining is
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standard sound of flow of air and there is nothing abnormal about the same. OP-3 further submitted that under the terms of warrantee, OP is liable to repair or replace the defective parts if any, in the unit purchased and not refund the price of the subject unit as has been claimed by the complainant in the captioned complaint and the relevant portions of the warrantee terms & conditions are as under: “during a period of 12 months commencing from the date of invoice, as provided in the warrantee registration card, the company undertakes to repair or replace as to deems fit in sole discretion, free of charge, any part or parts of the said unit (including the compressor, condenser and evaporator) which proves to be defective in materials and workmanship.”
5. The complainantfiled separate rejoinderto the reply of OP-1 &OP-3 and denied the contentions of OP-1 & OP-3.
6. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice no. SPP-05819 dated 06.06.2014 for purchase of AC for total value of Rs.26,400/- (including A.C. & stabilizer) from OP-1, copy of complaint through e-mail dated nil sent by the complainant to OP, copy of letter dated 01.12.2014 sent by the complainant to OP-2 alongwith copy of postal receipt and copies of SMS messages.
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7. On the other hand, Sh. Manoj Kumar, Authorized representative of OP-1 and Ms. Arpita Duarah, Sr. Manager of OP-2 filed their separate affidavits in evidence which are as per lines of defence taken by OP-1 & OP-3 in the reply. OP-1 & OP-3 have also filed written arguments.
8. This forum has considered the case of the parties in the light of evidence and documents placed on record by the parties. The case of the complainant has remained consistent andundoubted. There is nothing on record to disbelieve the case of the complainant.
9. On perusal of the record, we find that the complainant madecomplaints of his AC to OP within warranty period but the defect has not been rectified by OP, though it was the duty of the OP to rectify the defect once for all or to replace the product. Acustomer/consumer is not expected to file complaints frequently inrespect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product. Accordingly, OP-3is held guilty of unfair trade practice and deficiency in service.
10. Accordingly, OP-3 is directed as under:-
i) To pay to the complainant an amount of Rs.24,400/- being the price of the ACon return of the disputed ACwith original bill.
ii) To pay to the complainant an amount of Rs.10,000/- as compensation for causing mental agony and harassment caused to
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the complainant which includes cost of litigation.
11. The above amount shall be paid by OP-3 to thecomplainant within 30 days from the date of receiving copy of this order failing which OP-3 shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OP-3 fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
12. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 13thday of September, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY: SATYENDRA JEET
