Date of Filing      : 06.05.2021

                                                                                                                 Date of Disposal : 28.10.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                                .…. PRESIDENT

                 THIRU.J.JAYASHANKAR., B.A., B.L.,                                                                        .....MEMBER-I

                 THIRU.P.MURUGAN,  M.COM.,ICWA (Inter),B.L.,                                               ......MEMBER-II

 

CC. No.31/2022

THIS FRIDAY, THE 28th DAY OF OCTOBER 2022

 

Mr.Saravanababu,

No.292, LVB Housing Colony,

SV Nagar Main Road,

Veppampattu,

Thiruvallur District -602 024.                                                          ……Complainant.  

                                                                                 //Vs//

Manager, (Mr.Mohammad Bilal),

Express Engineering, 4 Power House Road,

TPK Road, Madurai,

Tamil Nadu -602 001.                                                                  …..opposite party.

 

Counsel for the complainant                                                      :   Party in Person.

Counsel for the opposite party                                                  :   exparte 

                         

This complaint is coming before us on various dates and finally on 13.10.2022 in the presence of Complainant who appeared in person and the opposite party were set exparte for non appearance and upon perusing the documents and evidences of the complainant this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT. S.M. LATHA MAHESWARI, PRESIDENT

 

 This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in servicing the Hitachi AC along with a prayer to direct the opposite party to service the AC or to refund the amount of Rs.14,300/- received by them along with Rs.20,000/- compensation and cost of the complaint.

Summary of facts culminating into complaint:-

The short facts alleged by the complainant was that he contacted the 1st opposite party regarding servicing of his Hitachi AC on 22.02.2022 and subsequently the opposite party came to the house of the complainant and took parts of the Hitachi AC (2PCB and ac remote) for repair and also received a sum of Rs.14,300/- towards repair of the AC.  Thereafter the opposite party did not turn up and also did not service the AC and also failed to return the parts to the complainant.  Thus aggrieved by the act of the opposite party the present complaint was filed by the complainant to direct the opposite party to service the AC or to refund the amount of Rs.14,300/- received by them along with Rs.20,000/- compensation and cost of the complaint.

 On the side of complainant proof affidavit was filed and documents marked as Ex.A1 to A5were submitted. In spite of sufficient notice & opportunities the opposite party did not appear before this Commission and hence they were called absent and set ex-parte on 12.08.2022 for non appearance and for non filing of written version.

Points for consideration:

Whether the opposite party had committed deficiency in service in not servicing the Hitachi AC belonging to the complainant even after receipt of a sum of Rs.14,300/- from the complainant?

If so to what reliefs the complainant is entitled?

  Point:1

The following documents were filed on the side of complainant in support of his contentions;

Copy of the payment details was marked as Ex.A1;

AC images after service person took the parts was marked as Ex.A2;

Legal notice issued by the complainant dated 12.03.2022 was marked as Ex.A3;

 Tracking id of legal notice was marked as Ex.A4;

Screenshot of the call log was marked as Ex.A5;

 We heard the oral arguments and perused the pleadings, documents and written arguments produced by the complainant.

We could find that vide Ex.A1 payment has been made to the service person of the opposite party via Google Pay a sum of Rs.14,300/-.  Further the image of the AC after the service person took the parts 2PCB and AC remote could be seen.  As the AC was not repaired and returned back the complainant issued a legal notice to the opposite party which has been produced as Ex.A3.  The proof of service of notice was submitted as Ex.A4.  However we could see that there was no response from the opposite party either for the legal notice or for the repeated phone calls made by the complainant.  The present complaint was also not contested by the opposite party as they remind absent and hence they were set exparte.  In these circumstances we have to conclude that the opposite party had committed deficiency in service in not servicing the Hitachi AC belonging to the complainant as the complainant by ample evidence had proved that he had entrusted the Hitachi AC with the opposite party for servicing and also had paid a sum of Rs.14,300/- towards the charges but the AC was not serviced by them.  Thus we answer the point accordingly holding that deficiency in service committed by the opposite party has been successfully proved by the complainant.

Point No.2:

With regard to the relief to be granted to the complainant the complainant had sought for the AC to be repaired or in alternative to return the AC parts along with refund of the amount.  This commission feels the same as proper reliefs and direct the opposite party to repair the AC or to return the AC parts along with refund of Rs.14,300/- within a specified period.  Further as the deficiency in service has been proved against the opposite party we feel appropriate to award a compensation of Rs.10,000/- for the mental agony and suffering undergone by the complainant due to the act of the opposite party.  We also award a cost of Rs.5,000/- to be paid to the complainant for litigation expenses.

In the result, the complaint is partly allowed against the opposite party directing him

a) to service the Hitachi AC or in alternative to return the AC and to refund Rs.14,300/- (Rupees fourteen thousand three hundred only) to the complainant within six weeks from the date of receipt of copy of this order; 

 

b) to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for the mental agony caused to the complainant;

c)  to pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant;

d) Amount in clause (a) if not paid within six weeks from the date of receipt of copy of this order, interest at the rate of 9% will be levied on the said amount from date of complaint till realization. 

 Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 28th day of October 2022.

 

Sd/-                                                              Sd/-                                                  Sd/-

MEMBER-II                                              MEMBER I                                    PRESIDENT

 

List of document filed by the complainant:-

 

Ex.A1 ............... Payment details. Xerox

Ex.A2 ............. AC images after service person took the parts. Xerox

Ex.A3 12.03.2022 Legal notice. Xerox

Ex.A4 .................. Tracking id of legal notice. Xerox

Ex.A5 .............. Screeshot of the call log. Xerox

 

 

 

 List of documents filed by the opposite parties;

 

 

Nil

 

 

Sd/-                                                       Sd/-                                                        Sd/-

MEMBER-II                                       MEMBER I                                         PRESIDENT