Punjab

Faridkot

CC/17/21

Harsimranjit Singh - Complainant(s)

Versus

Godrej and Boyce Mfg Co. ltd - Opp.Party(s)

Amir Chand Khullar

19 May 2017

ORDER

  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :          21       

Date of Institution :    10.01.2017

Date of Decision :       19.05.2017

 

Harsimranjit Singh aged about 31 years, s/o Satnam Singh s/o Sh Harbans Singh c/o Anand Dental Clinic, Near Clock Tower, Faridkot, Tehsil and District Faridkot.                                                                    

.....Complainant

Versus

1. Godrej & Boyee Mfg. Co. Ltd through its Managing Director, Appliances Division, Plot No. A-40, Phase VIII-A, Industrial Area, Mohali-160059.
2. M/s J B Marketting Service through its Proprietor Amar Nath Juneja, College Road, Near Corp. Bank, Faridkot.
3. M/s Dhingra Electricals through its proprietor Rajesh Kumar Dhingra, Line Bazar, Faridkot.                                              

           ..........OPs

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:  Sh. Ajit Aggarwal, President,

                 Sh Purshotam Singla, Member.

 

Present: Sh Mandeep Dhingra, Ld Counsel for Complainant,

              Representative on behalf of OP-1,

              Sh S K Bhatia, Ld Counsel for OP-2,

              Sh Devinder Pal, Proprietor/ OP-3.

 

 

ORDER

(Ajit Aggarwal, President)

                                          Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OPs to refund the cost price of Rs.30,000/- of air conditioner and for further directing OPs to pay Rs.20,000/-as compensation for harassment and mental tension suffered by complainant alongwith litigation expenses.

   2                                Briefly stated, the case of the complainant is that on 16.06.2015, complainant purchased one ton air conditioner of Godrej Company from Op-2 with one year warranty for Rs.30,000/-, but since installation it has not been working properly as it does not give proper cooling. On several requests and complaints by complainant, employee of OP-3 visited their place and filled the cooling gas, but said gas leaked immediately on refilling. Complainant also lodged complaint on service number 1800-209-5511 of OP-1, but Ops have failed to resolve the issue. Since then, complainant had approached OPs many times to repair the said air conditioner or to refund the cost price of same, but all in vain. All this act of OPs amounts to deficiency in service and trade mal practice on the part of Ops and has caused great inconvenience, harassment and mental agony to complainant. He has prayed for directing OPs to refund the cost price of said air conditioner and to pay compensation of Rs.20,000/- for harassment and mental agony suffered by him besides litigation expenses. Hence, the present complaint.

3                            Ld counsel for complainant was heard with regard to admission of the complaint and present complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                 On receipt of notice, OP- 1  filed reply wherein asserted that complainant did not get the air conditioner installed by the Godrej Authorized Service Centre and hence, there was gas leakage initially.  On receipt of call by complainant on 5.09.2015, they sent their technician who filled the gas free of charge, knowingly that the installation of the unit was not done correctly. Complainant again made call to them on 2.10.2015 and raised the problem about cooling, but technician of Ops visited the place, he found that air conditioner in question was working properly, rather complainant was not aware of the fact that the size of his room was not suitable for one ton air conditioner. Again on call raised by complainant on 26.04.2016 regarding cooling problem of AC, when technician of answering OP visited his place, he did not give appointment. OP-1 has prayed for direction to complainant get his air conditioner attended as per terms and conditions of warranty and prayed for closing the case.

5                               Op-2 and 3 filed reply taking similar objections that there is no deficiency in service on their part and guarantee and warranty if any is to be given by manufacturer of the product. All the allegations regarding complaints made by complainant about non cooling of air conditioner are specifically denied asserting that only Op-1 being manufacturer or Company is entirely responsible for resolving the issue and there is no fault on their part.

6                                       Parties were given proper opportunities to lead evidence to prove their respective pleadings. The complainant tendered in evidence affidavit of complainant as Ex C-1 and documents Ex C-2 to C-3 and then, closed the evidence.

7                                               In order to rebut the evidence of the complainant, OP-1 tendered in evidence affidavit of Majaz Khan as Ex OP-1/1 and then, closed the same. Ld Counsel for OP-2 tendered in evidence document Ex Op-2/1 and closed the evidence on behalf of OP-2. OP-3 tendered his evidence through his affidavit Ex OP-3/1 and also closed the evidence.

8                                                 We have heard learned counsel for parties and have very carefully perused the affidavits & documents placed on the file                by complainant as well as opposite party.

9                                        Ld Counsel for complainant vehementally argued that

on 16.06.2015, complainant purchased one ton air conditioner of Godrej Company from Op-2 with one year warranty for Rs.30,000/-, but since installation it has not been working properly as it does not give proper cooling. On several requests and complaints by complainant, employee of OP-3 visited their place and filled the cooling gas, but said gas leaked immediately on refilling. Complainant also lodged complaint on service number 1800-209-5511 of OP-1, but Ops have failed to resolve the issue. Since then, complainant had approached OPs many times to repair the said air conditioner or to refund the cost price of same, but all in vain. All this amounts to deficiency in service and has caused great inconvenience, harassment and mental agony to complainant. He has prayed for accepting the present complaint and stressed on documents Ex C-1 to 3.

10                                    To controvert the allegations of complainant, ld counsel for OP-1complainant did not get his air conditioner installed by the Godrej Authorized Service Centre and hence, there was gas leakage initially.  On receipt of call by complainant on 5.09.2015, they sent their technician who filled the gas free of charge, knowingly that the installation of the unit was not done correctly. Complainant again made call to them on 2.10.2015 and raised the problem about cooling, but technician of Ops visited the place, he found that air conditioner in question was working properly, rather complainant was not aware of the fact that the size of his room was not suitable for one ton air conditioner. Again on call raised by complainant on 26.04.2016 regarding cooling problem of AC, when technician of answering OP visited his place, he did not give appointment. OP-1 has prayed for direction to complainant get his air conditioner attended as per terms and conditions of warranty and prayed for closing the case. All the allegations are denied being wrong and incorrect and reiterated that there is no deficiency in service and prayed for dismissal of complaint.

11                                 Case of complainant is that he purchased air conditioner of Godrej Company from Op-2 having one year warranty, but since installation it neither worked properly nor gave proper cooling. Technician of OP-3 also filled the cooling gas, but said gas leaked immediately on refilling. Despite repeated complaints and requests by complainant, Ops have failed to resolve his issue. OP-2 and OP-3 stressed mainly on the point that  there is no deficiency in service on their part as guarantee and warranty if any, is to  be                     given by manufacturer of the product. All the allegations regarding complaints made by complainant about non cooling of air conditioner are specifically denied asserting that only OP-1 being manufacturer or Company is entirely responsible for resolving the issue and there is no fault on their part. Prayer for dismissal of complaint is made.

12                      From the careful perusal of Ex C-2 copy of bill dated 16.06.2015, it is clear that complainant is the consumer of Ops as he purchased air conditioner in question from OP-2.  Ex C-3 is the copy of text messages which reiterate the pleadings of complainant that air conditioner purchased by him was defective and he made complaints regarding its non cooling to Ops. Moreover, from the reply of Op-1 it is clearly proved that product of OP-1 was defective one and they had full knowledge about its non cooling. It is observed that there is deficiency in service on the part of OP-1 in not rendering effective repair services upto the satisfaction of complainant. Complainant has faced much harassment due to this act of Ops. It is also observed that OP-2 is mere shopkeeper and he has just sold the product as received from manufacturer and he has no role to play in its warranty and is also not liable for providing repair services. OP-3 is also only a service centre and cannot render services to a product which has inherent manufacturing defect. Therefore, complaint in hand is hereby allowed against OP-1 and stands dismissed against OP-2 and 3. OP-1 is directed to replace the air conditioner of complainant with new one of same model within one month of receipt of the copy of the order, failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of the Consumer Protection Act. Copy of order be supplied to the parties free of costs. File be consigned to record room.

Announced in open Forum:

Dated:19.05.2017

Member                President                                          (P Singla)            (Ajit Aggarwal)