DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Tuesday the 23^th day of January 2024

CC.535/2023

Complainant

Abdul Basith. E. K,

Kalladan Kandi,

                        Velliparambu,

Medical Collage,

Calicut - 673008

Opposite Party

Expert Goods and Services,

                        2^nd Floor, Pukalakkattu Building,

Changampuzha Park, Piller No. 465,

Edappally-Elamakkara. P. O,

Cochin - 26

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

The complainant was in use of an air conditioner of Voltas Company in his house. It was not working properly. The complaint was reported to the opposite party. On 26/08/2022 the technician of the opposite party came to his house for repair of the Air Conditioner and after collecting Rs. 1,000/- from the complainant towards advance of repair charges, took the air conditioner with him for repairs. After 2 weeks, he came and fixed the air conditioner stating that the defect had been rectified, but the same complaint persisted. The technician of the opposite party again took the air conditioner for repairs disregarding the protest of complainant’s parents. The air conditioner is not yet returned even after one year. The complainant is put to gross mental agony and inconvenience due to the act of the opposite party. On enquiry, it was revealed that the opposite party is not the authorised service centre of Voltas Company. Hence the complaint for directing the opposite party to supply a new Voltas air conditioner to him.

3.  The opposite party was set ex-parte.
4. The points that arise for determination in this complaint are;                                                                                                                               1) Whether there was any deficiency of service or unfair trade practice on the part of the opposite party, as alleged?

                        2) Reliefs and costs.

5. The complainant was examined as PW1 and Ext A1 was marked.
6. Heard.  
7. Point No 1: PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the service/AMC bill dated 26/08/2022 for Rs. 4,500/-issued by the opposite party.
8. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Ext A1.
9. The act of the opposite party amounts to unfair trade practice and deficiency of service. The opposite party is bound to repair the air conditioner and make it in a sound working condition and fix it in the house of the complainant after collecting the repair charges mentioned in Ext A1. Undoubtedly, the act of the opposite party has resulted in gross mental agony and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this regard. 
10. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.535/2023 is allowed in part.

b) The opposite party is hereby directed to repair the air conditioner of the complainant and make it in a sound working                 condition and fix it in his house, after receiving the repair charges as stated in Ext A1.  

c)  The opposite party is directed to pay a sum of Rs. 10,000/- (Rupees ten thousand only) as compensation to the                            complainant  for the mental agony and hardship suffered.

d) The order shall be complied with within 30 days of receipt of copy of this order.

e)  No order as to costs. 

Pronounced in open Commission on this, the 23^rd day of January, 2024.

Date of Filing: 01/11/2023 

       Sd/-                                                                    Sd/-        

                                                             PRESIDENT                                                            MEMBER         

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Copy of the service/AMC bill dated 26/08/2022 for Rs. 4,500/-issued by the opposite party.

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 - Abdul Basith. E. K, (Complainant)

       Sd/-                                                                        Sd/-        

                                                             PRESIDENT                                                            MEMBER       

True Copy,      

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                                                       Assistant Registrar.