Delhi

East Delhi

CC/904/2014

SANDEEP - Complainant(s)

Versus

CHOICE ELECTRONIC - Opp.Party(s)

17 Nov 2016

ORDER

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

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

                                                                                                  Consumer complaint no.        904 / 2014

                                                                                                  Date of Institution                 24/09/2014

                                                                                                  Order Reserved on                 18/11/2016

                                                                                                  Date of Order                          21/11/2016   

                                                                                                        

In matter of

Mr Sandeep Goswami adult 

S/o Sh B L Goswami

R/o  B 372, Lajpat Nagar,

Sahibabad, Ghaziabad UP …………………….…….…………….Complainant

                                                                  

                                                                     Vs

1-M/s Choice Electronics

H 15, Main Vikas Marg

Laxmi Nagar Delhi 110095

 

2-M/s ONIDA

G1, MIDC, Mahakali Caves Road

Andheri East, Mumbai-400093…….…………………………..Opponents

 

Complainant…………………………………………In Person 

Opponent’s Advocate ……....…………………Ashutosh Lal

 

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 purchased ONIDA AC from OP1 for a sum of RS 23,700/ on dated 12/06/2014 vide invoice no. 1442. Five year warranty was given for compressor, marked here as CW1/1. After 5 day of its installing, AC stopped working, so complaint was lodged on customer care no. vide no. 145061276381031 and another complaint no 14071276381045, which was attended by service engineer and took some part of AC and told that after 2-3 days, part would be fixed and AC would run normally and tentative date 01/10/2014 was given as OP2/ADONIS Electronics wrote as paid service and charged Rs 100/- as visit charge by service engineer.  The job sheet dated 23/07/2014 was marked here as CW1/2.  

Even after number of calls made, none came or fixed the part taken by service engineer, thus the AC was without function and kept with complainant.  When OP2 did not perform their job, complainant filed this complaint claiming for refund of amount paid for AC Rs 23,700/ and compensation of Rs 50,000/-for harassment and Rs 25000/-as litigation cost. 

Notices were served; OP2/ONIDA submitted their written statement denying all the allegations of the complaint. OP2 stated that there was no privity of contract with complainant and the said AC had no manufacturing defect, hence there were no deficiency in service on their part and had no liability for any compensation. OP1 did not appear or submitted their written statement or evidences. Despite of opportunities given to OP1, when failed to appear, stage was closed. Complainant and OP2/ONIAD filed evidences on affidavit which were on record.

Arguments were heard and order was reserved.

We have perused all the facts and evidences on record. Before our explanations, it was noted that complainant had stated that compressor had 5 year warranty, but OP2 took visit charge also and noted that compressor was defective. It was neither repaired nor replaced by OP2, but left AC without functioning. This clearly amounts gross deficiency in service by OP2. Hence, OP2 was responsible for deficiency in services on their parts.

 

 

We come to the conclusion that the complainant has proved the deficiency of OP2. So, we allow this complaint and pass the following order—

 

1-ONIDA /OP2 will replace the compressor within 30 days from the receiving of this order or refund the cost of AC Rs 23,700/- to the complainant with 6% interest from the date of filing till realized. 

2-We also award compensation of Rs 5,000/-for harassment and mental agony with Rs 1000/- as litigation cost.

If order is not complied in time essence; the entire awarded amount shall carry the same interest till realized. 

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs Harpreet Kaur                                                                                   (Dr) P N Tiwari

            Member                                                                                              Member                                                                                    

                                                 Shri Sukhdev Singh

                                                             President