Chandigarh

DF-II

CC/404/2021

Bahal Singh Rana - Complainant(s)

Versus

Consulting Rooms Pvt. Ltd. - Opp.Party(s)

Gaurav Bhardwaj

13 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	404/2021
Date of Institution	:	29.06.2021
Date of Decision	:	13.06.2023

 

                                       

                       

 

Bahal Singh Rana s/o Sh.Yashpal Singh Rana r/o # 5547/1, Modern Housing Complex, Manimajra, Chandigarh

                                ...  Complainant.

Versus

1.      Consulting Rooms Private Limited, Ship-from Address: Instakart Services Pvt. Ltd. Rectangle No 2. Rectangle No 3. Rectangle No 4. Rectangle No 6. Rectangle No 7,Rectangle No 8 and Rectangle No 9, Khaliqpur village, Badli Tehsil, District Jhajjar Haryana, Gurugram, Haryana, 124103, through its managing Director/Authorized signatory."

2.      Flipkart India Pvt.Ltd, Buildings Alyssa, Begonia &Clove Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village Bengaluru. 560103,Karnataka, India through its Managing Director/Authorized signatory."

3.     Carrier Media India Pvt. Ltd., First Floor, Pearl Tower, Plot No.51, Institutional Area, Sector 32, Gurgaon-122001, Haryana through its Managing Director/Authorized Signatory.

4.     Hayat Air Conditioning (Carrier Authorized service). Hetram Sharma Market. Sector-51 Noida, UP through its Authorized Signatory. (Given up vide order dated 08.06.2022)

…. Opposite Parties

 

BEFORE:
	SMT.SURJEET KAUR,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER

 

 

Present:-
	Sh.Gaurav Bhardwaj,Adv. for complainant Sh.Atul Sharma, Adv. Proxy for Sh.Rohit Kumar, Adv. for OP No.1. Sh.Atul Sharma, Adv. for OP No.2. OP No.3 exparte.

      

PER SURJEET KAUR, PRESIDING MEMBER

1.                 In nutshell, the case of the complainant is that he purcahsed AC on 01.03.2020 online through the website of OP No.2, manufactured by OP No.3 and sold by OP No.1 for Rs.31,626/- (Annexure C-1)having comprehensive warranty for one year and 9 years on compressor by availing the loan.   In February, 2021, the AC stopped working properly and on his complaint, the engineer refilled the gas without issuing any job sheet. The complainant again faced the similar issue and on his call to Mr.Rajinder (Service Centre Carrier Head-Punjab), the engineer visited his premises and after checking the AC told the complainant that there is some issue in the compressor which would be replaced shortly but nothing was done, the complainant lodged the complaint on 16.04.2021 regarding non-cooling of the AC. Within a span of three weeks, the AC stopped cooling and on his complaint the engineer-Mr.Naushad Ali checked the AC on 09.06.2021 and reported that there is issue in the dry filter and not the compressor and father of the complainant gave a note on the bottom of the job-sheet (Annexure C-4). On 10.06.2021, the Engineer-Mr.Naushad Ali, came with the dry filter but then he noticed that there was some issue in EXV vale so he ordered that part.  The father of the complainant again gave note on the bottom of the job sheet (Annexure C-5) that even after 5^th visit, the exact issue in the AC is still not clear. The complainant approached the OPs on twitter but only hollow assurances were given.  The complaint of the complainant was closed without resolving it, therefore, he again lodged the complaint with the OPs but till date no solution has been provided to him.  The complainant alleged that the AC started giving problems of cooling within the warranty period. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.
2.         In its written version, OP No.1 has stated that it is registered reseller on the website “Flipkart.Com” and sells products of other manufacturers, traders etc. under the respective trademarks through the website and acquired good market reputation for its range of products offered and for its exceptional customer support.  It is not engaged in selling of any goods manufactured or produced on its own.  The complainant never approached it with any kind of complaint of defect in the product and therefore, the complaint qua it deserves to be rejected. Pleading that there is no deficiency in service on its part, OP No.1 prayed for dismissal of the complaint.
3.         In its written statement, OP No.2 has pleaded that they are not engaged in the business of sale of any product to the end customer and OP No.2 is a wholesaler and is only engaged in B@B sales. OP No.2 in the present case is neither the manufacturer /seller of the product purcahsed by the complainant nor provided any platform to him for placing his order for the product in issue.  OP No.2 is not a party to the transaction executed between the complainant and the OP No.1 and the Flipkart Internet Pvt. Ltd. is a separate legal entity. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, OP No.2 prayed for dismissal of the complaint.
4.         Despite due service through speed post, OP No.3 failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 24.02.2022.
5.         The contesting parties filed their respective affidavits and documents in support of their case.
6.         We have heard the Counsel for the contesting parties  and have gone through the documents on record.
7.         In the present case, it is not in dispute that the AC in question was purchased by the complainant from OP No.1 vide invoice dated 03.03.2020, a copy of which on record as  Annexure C-1. But OP No.3, who is the manufacturer of the AC in question did not appear in the present proceedings and chose to remain exparte.   The complainant has averred in the complaint that the AC in question started giving problems in the month of February, 2021 but no job sheet was issued by the OPs. However, from the job sheets dated 18.02.2021 and 10.06.2021 attached with the complaint as Annexures C-4 and C-5, it is apparent that the AC in question was inspected by the Engineer of the OP-Company and he found the problem in the dry filter and EXV Value. The defects in the AC have not been resolved by the OPs so far and the complaint was closed without assigning any reason.  Even at the bottom of the job sheet, Annexure C-4, the father of the complainant has specifically mentioned that the compressor of the AC was replaced after a couple of week and now after 15 days, he was facing the same issue and the AC is not cooling properly. Thus, it is evident that the AC in question started giving problem of cooling within the warranty period and OPs No.1 and 3 have failed to rectify the same despite receipt of the complaints. On the other hand, the contesting OPs have not produced any cogent, reliable and trustworthy evidence on file to prove that the AC in question is giving proper cooling and functioning properly without any defect.
8.         Needless to mention here that the complainant had already given a long hand to OPs No.1 and 3 to redress his grievance but despite this, the AC is giving the same problems despite its repairs and ultimately he has to file the instant complaint for redressal of his grievance. The complainant had spent a huge sum of Rs.31,626/- on purchase of the brand new AC in question having faith in the brand to facilitate himself and not for moving behind the OPs and then to this Commission for seeking justice in the absence of the proper services being rendered by them. We, thus, deem it fit in the facts and circumstances of the case that no useful purpose would be served by directing OPs No.1 and 3  again to replace the product in question as the consumer had lost faith in that company’s product. If the replaced product develops the defect again then the complainant will be put to much larger harassment because he has to fight another bond of litigation which will be highly torturous for him.     
9.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. OPs No.1 and 3 are directed as under;-

1. To refund Rs.31,626/- being the invoice value to the complainant along with interest @ 9 p.a. from the date of its purchase i.e. 01.03.2020 till its realization.
2. To pay Rs.2,500/- to the complainant as compensation for mental agony and physical harassment suffered by them.
3. To pay Rs.5,500/- as costs of litigation.

10.         This order be complied with by OPs No.1 and 3 within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(i) and (ii) shall also carry interest @12 % per annum from the date of this order till actual payment besides compliance of other directions. OPs No.1 and 3 shall collect the AC in question along with its accessories etc. from the complainant after payment of the awarded amount.
11.         The complaint qua OP No.2 stands dismissed.
12.         The pending application(s) if any, stands disposed of accordingly.
13.         Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 13/06/2023                                                             Sd/-
	(SURJEET KAUR) PRESIDING MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER