DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.111/2015
Sh. Mujeeb Khalique
S/o Sh. Abdul Khalique
R/o B-11, Nizamuddin West,
New Delhi-110013 ….Complainant
Versus
1. Croma A Tata Enterprises
Plot No. D-14, Near Citi Bank,
South Extension Part-II,
New Delhi
2. M/s Infinity Retail Ltd.
Plot No.D-14, Near Citi Bank,
South Extension Part-II,
New Delhi ….Opposite Parties
Date of Institution : 29.04.15 Date of Order : 13.12.18
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
Naina Bakshi, Member
ORDER
Briefly stated, the case of the complainant is that the complainant purchased three split ACs and two Window ACs from OP No.2. The OP No.2 representative persuaded him to purchase on installment basis, so, that down payment be made only to the tune of Rs.28394/- initially for 5 ACs and remaining amount to be paid in 8 installments and the installment will be financed by Bajaj Financers through OP-2. The complainant paid the entire amount vide sale invoice dated 04.06.14, the receipts were issued by OP No.2 and the details of the purchase were sent to the complainant through email. The ACs were not supplied on that date and they were supplied on 05.06.14 and all the five ACs were installed by the staff of the OP No.2. At the time of installation of all the five ACs, four ACs were working properly however, one Split AC was not performing like the other one. This was pointed out at the time of installation itself but OP No.2’s representative convinced the complainant that it is the new one and would start functioning properly after sometime. It is submitted that the AC was having inherent manufacturing defect and the OP No.2 had not pointed out at the time of installation. As the ACs were fixed in the newly built up floor. It was not immediate put to use after installation the complainant once again informed the OP No.2 which gave the number of Customer Care and asked to contact them. The complainant lodged the complaint in the month of June itself and request for replacement of AC as it had inherent defects. It is submitted that the OP No.1 sent a technician after a week and on checking and opening some part and the gas was again filled up and it was again installed. It clearly shows that the said AC was inherently having a manufacturing defect and was deliberately and intentionally supplied to the complainant which amounts to unfair trade practice. Even after repair and filling of the gas the said AC failed to perform. It is submitted that the complainant persuaded the OP No.2’s Manager to rectify by replacing the same with a new proper functioning Slip AC but no avail. The complainant sent a legal notice dated 28.02.15 but the OPs neither replied nor complied the same. Hence, pleading deficiency in service on the part of the OP the complainant has filed the present complaint for the following reliefs:
- Direct the OPs to replace the inherently defective Slip AC with new defect-less AC
- Direct the OP to pay a sum of Rs.2,00,000/- to the complainant as damages for deficiency in service, mental agony and suffering.
OPs have been proceeded exparte vide order dated 10.08.15
Complainant has filed his own affidavit in exparte evidence as well as written arguments.
We have heard the complainant and have also gone through the file very carefully.
OPs have the knowledge about the filing of the complaint but have not chose to contest it.
Complainant has placed on record copy of the legal notice dated 28.02.15 as Ex. PW-1/1. The complainant sent a letter dated 11.10.14 to the OP No.1 as Ex. PW-1/3 regarding complaint against the faulty AC. The complainant filed the invoice dated 04.06.14 as Ex. PW-1/5.
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant.
It is clear from the pleadings that the OP has neither repaired the AC to the entire satisfaction of the complainant nor repair the same despite several requests made by the complainant in this regard. It amounts to deficiency in service and unfair trade practice on the part of OP.
Therefore, we hold the OPs guilty of unfair trade practice and deficiency in service, allow the complaint and direct OPs jointly and severally to replace the AC with new one. OPs are further directed to pay Rs.5,000/- for harassment and mental agony undergone by the Complainant including cost of litigation.
The order shall be complied within 30 days of receipt of this order failing which OPs shall become liable to pay interest 9% per annum from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 13.12.2018
