DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 577/2017
D.No.__________________ Date: ________________
IN THE MATTER OF:
Ms. SHASHI SARIN W/o SH. SANJEEV SARIN,
R/o A-67, DELHI CITIZEN SOCIETY, SEC.-13,
ROHINI, DELHI-110085.… COMPLAINANT
Versus
1. EP ELECTRONIC PARADISE (P) LTD.,
3, VAISHALI, PITAM PURA, DELHI-110034.
2. SHEFALI ENTERPRISES,
B-4, FLAT No.241, SEC.-7,
ROHINI, DELHI-110085.
3. DAIKINN AIR CONDITIONING INDIA (P) LTD.,
5B-1, 2 & 3 ON 5th FLOOR, 5B,
SYMPHONY A RANGE HILLS ROAD,
BHOSALE NAGAR, PUNE-411020. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 13.07.2017
Date of decision:11.03.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 thereby alleging that on 24.04.2016, the complainant went to the shop of OP-1 for purchasing a new Split Air Conditioner and accordingly the worker/shopkeeper suggested to the complainant for
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purchasing of Daikin Split A.C. by disclosing some new advance features and believing upon the words of OP-1 the complainant purchased the said Split A.C. model FTF50RRV161 for a sum of Rs.39,800/- vide invoice no. PR/R-0844/2016-17 on 24.04.2016 with one year full warrantee and five years warrantee on compressor. The complainant further alleged that the complainant was shocked when within one month the drain of the said A.C. was not working properly, thereafter, the complainant approached to OP-3 and lodged a complaint and one engineer from office of OP-2 came at the premises of the complainant on 26.05.216 and dry service was done by engineer against job sheet no.17412 and the said A.C. again got faulty and the complainant again booked a call with OP-3, after that one engineer from office of OP-2 again came at the premises of the complainant and inspected the A.C. against job sheet no.18807. The complainant further alleged that the complainant was shocked when the drain system was not working properly after so many services, the details are as under: a) job sheet no.19036 dated 27.07.2016, b) job sheet no. 18846 dated 29.07.2016 & c) job sheet no. 20194 dated 02.08.2016 and the complainant many times call at OP-3 and requested for replacement/repair of A.C. but all the requests of the complainant were fallen in deaf ears. Thereafter, the complainant approached several times to the OPs for replacement of the said A.C. as it is
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duly covered and protected with the warrantee period of one year and on compressor five years but OPs keep on avoiding matter on the one pretext or the other and so many calls.On 05.04.2017, one engineer came from office of OP-2 and done wet service against job sheet no.405 but the problem was still there and the warrantee expired on 23.04.2017 and the official of OP-3 keep on avoiding the matter. The complainant further alleged that the complainant was shocked when the gas is also empty from said A.C. and the complainant approached to OP-3 and the official of OP-3 stating that your warrantee expired and its charge extra Rs.3,500/- as gas filling charge and the complainant called a private engineer Mr. Alok and he filled the gas with charge of Rs.2,500/- in the month of May-2017. Thereafter, the gas again empty after one month, private engineer again came at the complainant’s premises and filled the gas with charge of Rs.2,500/- again and stated that the A.C. unit is faulty from company and at present the gas is again empty and thereafter the complainant sent e-mail to OP-3 on 07.07.2017 and the official of OP-3 assured to the complainant that we have forwarded your request to the concerned department and shall ensure quick response and we shall ensure to provide desired service but till today there is no any proper response from OP-3 and the complainant further alleged that there is deficiency in service and unfair trade practice on the part of OPs.
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2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the invoice amount of Rs.39,800/- alongwith interest paid to OPs towards purchase of AC as well as compensation of Rs.50,000/- for causing him mental agony and harassment and has also prayed for grant of legal expenses of Rs.1,100/-.
3. Notices to OPs were issued through speed post for appearance on 23.10.2017 & 09.01.2018 and the complainant filed proof of service of notices and as per track reports OP-1 & OP-2 have been served on 26.10.2017 and OP-3 has been served on 30.10.2017. But none for the OPs appeared on 23.10.2017 & 09.01.2018 and as such OPs were proceeded ex-parte vide order dated 09.01.2018.
4. In order to prove her case the complainant filed her affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice no. RP/R-0844/2016-17 dated 24.04.2016 for purchase of AC for total value of Rs.39,800/- from OP-1, copies of Service Completion Certificate no.17412 dated 26.05.2016, no.18807 dated 20.07.2016, no.19036 dated 27.07.2016, no.18846 dated 29.07.2016 & no.20194 dated 02.08.2016 issued by OP-3 and copy of service order no.405 dated 05.04.2017 issued by Tanishq Aircon.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant.
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The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. On perusal of the record, we find that the complainant made complaints of his AC to OP-3 within warranty period but the defect has not been rectified by OP-2 & OP-3, though it was the duty of the OP-2 & OP-3 to rectify the defect once for all or to replace the product. A customer/consumer is not expected to file complaints frequently in respect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product and the defects in the A.C. of the complainant could not be rectified by OP-2 & OP-3 and it shows that there is some inherent and manufacturing defect in the A.C. Accordingly, OP-2 & OP-3 are held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OP-2 & OP-3 jointly or severally are directed as under:-
i) To pay to the complainant an amount of Rs.39,800/- being the price of the A.C. paid by the complainant on return of the disputed AC as the original bill and job sheets dated 26.05.2016, 20.07.2016, 27.07.2016, 29.07.2016 & 02.08.2016 issued by OP-2 have been placed on record by the complainant.
ii) To pay to the complainant an amount of Rs.10,000/- as compensation for causing mental agony and harassment caused to the complainant.
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iii) To pay to the complainant an amount of Rs.1,100/- towards cost of litigation.
7. The above amount shall be paid by the OP-2 & OP-3 jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OP-2 & OP-3 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP-2 & OP-3 fail to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 11th day of March, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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