O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint against O.Ps under section 12 of the Consumer Protection Act, 1986. The facts as alleged in the complaint are that complainant purchased a TATA Voltas window Air Conditioner 1.5 TR 3 Star 183 CX on 15.5.2013 from OP-1 for a sum of Rs.21,500/- including all taxes with one year warranty. It is alleged that after installation of above said A/C, the A/C was not functioning properly and complainant made several complaints with the OP-1 but all the times the OP-1 ignored the complainant and advised him to make complaint in the Company of OP-2. It is alleged that complainant made several complaints to OP-2 but only one time the representative of OP-2 visited the house of complainant on 21.9.2013 and after inspection told that there is gas leakage problem in the AC and filled the gas but after some time the problem again started in AC but it was not rectified by the OP-2 despite requests and reminders. It is alleged that even after so many complaints the window AC is not working properly till today. The complainant has also served a legal notice to the OP on 1.8.2014 but no reply has been received so far. On these facts complainant prays that OPs be directed to replace the defected window AC with new window AC of the same model and quantity and also to pay cost and compensation as claimed.
2. Notice of the complaint was issued to the OPs. OP-2 in its written statement has pleaded that the complainant has filed the present complaint just to extort money from the OP’s company as the AC in question is working perfectly. It is also pleaded that there was only minor problem of gas leakage which was reported in September 2013 and the same was immediately rectified by the OP’s company. Again the same problem of gas leakage was reported in May/June 2014 and immediately the problem was rectified. Also as a goodwill gesture the evaporation coil of the unit was also replaced free of cost even when the warranty period has already expired. It has been further pleaded that the gas leakage problem which occurred in the unit in question cannot be cured permanently as it is because of toxic gases which emanates from the highly polluted Canal(Nala) situated nearby the house of the complainant. It is further stated that the similar problem was also pointed out by the renowned newspaper i.e. Hindustan Times through its article dated 4.5.2012 which expressed concern over Health Hazard and damage to the AC of Delhi Metro by Poisonous gases emanating from highly polluted Yamuna rivers and canals/sewage of Delhi. It was also stated that the problem of gas leakage persists in the units which is/was installed nearby the drain/nala as poisonous methane gas emanates from the drain/nala and same gas has/had reaction with the cooper coils of AC units due to which regular/persistent problem of gas leakage happens in the units installed nearby drain/nalla. It is stated that the product in question is out of warranty as the same was purchased on 15.5.2013 and the product carried only one year warranty hence the present complaint is liable to be dismissed with exemplary cost. It is stated that all the times when the OP’s company received any complaint from the complainant prompt and quick services were provided to him. It is stated that after June 2014 the OP’s company has not received any complaint regarding the problem after changing of evaporation coil of the unit in question and the AC is running perfectly. OP-2 has also stated that the house of the complainant is situated within the radius of 100 mtrs which falls near to NALLA and for said reason gas leakage problem had occurred and toxic gases emanates from the highly polluted canal/nalla which resulted into leakage of gas from the unit/Ac and same cannot be cured permanently. Therefore, there is no deficiency of service on the part of the O.Ps and the complainant is not entitled to any relief and has prayed for dismissal of complaint.
3. Complainant has filed his affidavit in evidence testifying all the facts made in the complaint. On the other hand Mr. Rajeev Ranjan, Area Service Manager of OP-2 has filed affidavit alongwith documents in evidence on behalf of OPs.
4. We have carefully scrutinized the evidence and pleadings filed and relied upon by the parties. The AC was purchased by the complainant vide Retail Invoice dated 15.5.13. The complaint was filed by the complainant on 17.10.14. Therefore, it is apparent that the same was filed after the expiry of period of warranty. The complainant has placed on record AMC(Annual Maintenance Contract) effective from 15.5.14 to 14.5.17 for which an amount of Rs.4857/- was paid by him to the service partner of Voltas Company i.e. OP-2. The complainant has neither pleaded nor proved any defect in the compressor of the unit. His only grievance is regarding the services during the AMC period. The OPs plea that the unit having being installed nearby the drain/nalla which emanates highly toxic gases is the cause of gas leakage. Although OP has placed on record Newspaper Report in support of this contention but in the absence of any expert opinion in this regard we are unable to accept the contention raised by OP. The complainant in our view has proved deficiency in service during the AMC period and the interest of justice would be met if the amount of AMC is refunded to the complainant.
5. Accordingly, OP-2 is directed to refund the amount of Rs.4857/- to the complainant charged by it as AMC charges. The complainant is also awarded a sum of Rs.2,000/- towards compensation and harassment which will also include cost of litigation. Ordered accordingly.
Copy of this order be sent to the parties as per rules.
Announced this 29th day of February, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
