Delhi

East Delhi

CC/937/2014

BALRAJ - Complainant(s)

Versus

CROMA - Opp.Party(s)

10 Aug 2017

ORDER

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

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

                                                                                                  Consumer complaint no.        937 / 2014

                                                                                                  Date of Institution                  07/10/2014

                                                                                                  Order Reserved on                 10/08/2017

                                                                                                  Date of Order                          11/08/2017   

                                                                                                        

In matter of

Mr. Balraj Singh Chaudhary, adult 

S/0 – Mahendra Kumar Shastri

R/o- 18/90, Geeta Colony 

Delhi 110051……………………….……………….……..……………………………….Complainant

                                                                  

                                                                     Vs

 

1-M/s Croma Electronics Mega Store,  

201 Akruti Centre Point  

MIDC Andheri East, Mumbai- 400093

 

2-The Manager,

M/s Croma Electronics Mega Store,  

Plot no. – C- 53, Preet Vihar, Vikas Marg, Delhi 110092………………  Opponents

 

Quorum  -       Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                   

                        

Order by Dr P N Tiwari  Member 

 

Brief Facts of the case

  

Complainant purchased Split AC from M/s Croma Mega Store as OP2 vide model no. S/AC 1.5T 3*CRC7437 PAC for a sum of Rs 32490/- vide invoice no. SLF02A089010018991 on 24/08/2014 (Ex CW1/1A to G). The AC had two years warranty. The said AC was installed and paid a sum of RS 4000/- as additional pipe fixing. It had been stated that soon after its installation, AC started making noise and cooling was not proper, so complainant called OP2 and lodged complaint on 27/08/2014 and personally visited on 28/08/2014. It was assured that problem would be rectified within two days.  

The said AC was checked by the service person from OP2 on 30/08/2014 and it was conveyed that due to some sub standard internal part, it would not be corrected and would require replacement as AC was in warranty.    

 As the said problem was not rectified up to 02/09/2014, again complaint was lodged to OP2 customer care no. and was assured to resolve the problem in 24 hours. On 09/09/2014, complainant received mobile message from OP2 that the required some part of the said AC was not available in the store, hence problem could not be rectified. Complainant may take another AC of higher amount. Complainant felt cheated, so sent legal notice for refund of cost and other expenditures (Ex CW1/2A&B). No satisfactory reply was received, hence filed this complaint and claimed for refund of amount Rs 32,490/- with 24% with compensation for physical harassment Rs 50,000/- and Rs 20,000/- as litigation charges.  

On receiving notices, OP submitted their written statement and denied all allegations of complainants as false and incorrect. It was stated that the said AC was purchased in good quality and had no manufacturing defects. Whenever complaint was lodged by complainant, it was attended properly and well in time. OP stated that AC had some functional defect in internal parts and such parts were not available, so asked to choose any model of same cost or even higher cost of AC, but complainant was adamant for refund and compensation of Rs 50,000/-which was not possible as replacement was offered by OP2. There was no deficiency in their services given by authorized service centre, OP2 and the said AC had minor manufacturing defect due to some part which could be replaced after the part was available. Hence, the complaint be dismissed by the Forum. 

Complainant submitted rejoinder with evidence on affidavit and affirmed on oath that the contents in his complaint were true and correct which were on record. OP did not put his appearance nor submitted any evidence or argued for his defence in arguments despite of giving ample opportunities through notices which were received by them. Thus OPs were proceeded Ex Parte.

Arguments were heard from complainant and after perusal of file, order was reserved.   

We have gone through all the facts and evidences on record. It was admitted by OP that the said AC was purchased and also was manufactured by OP and services were provided by their authorized service centre as and when complaint was received.  All such reply was submitted in their written statement and non of the evidences were on affidavit so it cannot be accepted as correct version of OP2.  As OPs were ex parte so we presumed evidences of complainant were true as submitted on affidavit. 

So, we are of the opinion that complainant’s version may be accepted to prove deficiency in services provided by OP2 where their own product was found having manufacturing defect and non availability of defective parts at OP’s store proves that OPs was compromising with their valued customers who pay their hard money for their own need. It was seen in their written reply that no refund of the cost of the AC, but complainant could re purchase a new model of same brand from OP2 which was not acceptable to the complainant. By seeing Ex CW1/1 A to G, the invoice showed cost of said AC Rs 31,500/ + other taxes, but complainant had claimed for Rs 32,490/-.

Thus we are of the opinion that this complaint deserved to be allowed with the followed order-

1. OP2 is directed to repair the said AC and hand over in good working condition to complainant within 30 days from the receiving of this order and also with extended warranty of one year from the date handing of repaired AC.
2. If fails to rectify the problem then OP2 shall refund the cost of AC a sum of Rs 31,500/- (actual price) with 6% interest from the date of filing of this complaint till realization.  
3. We also award compensation of Rs 5,000/- for harassment and litigation charges.  
4. No other cost to order.   

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

(Dr) P N Tiwari- Member                                                             Shri Sukhdev Singh President