DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)
Consumer Complaint No.2095 of 2019
Date of institution: 22.10.2019 Date of decision : 08.09.2020
Akashdeep Singh son of Shri Parminder Singh aged 32 years, resident of Flat No.116, FF, Wembley Society, Sector 91, Mohali. Ph. 9592231777.
…….Complainant
Versus
1. Goel Bros, SCO 503, Sector 70, Mohali. Ph.0172-5055503
2. Bluestar Company, Adarsh Mall, 4th Floor, Plot No.50, Industrial & Business Park, Phase-II, Chandigarh -160002. Phone No.0172-5024000.
……..Opposite Parties
Complaint under Consumer Protection Act.
Quorum: Shri Sanjiv Dutt Sharma, President.
Mrs. Natasha Chopra, Member
Shri Inderjit, Member
Present: None for the complainant.
OP Ex-parte.
Order dictated by :- Shri Sanjiv Dutt Sharma, President.
Order
The present order of ours will dispose of a complaint under Consumer Protection Act filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as ‘OPs’ for short). The CC has alleged in the complaint that he purchased one Bluestar Split AC by paying an amount of Rs.36,000/- to OPs on 29.04.2019 It is alleged that from the very first day of its purchase, the AC was not working properly and in this regard the CC also lodged a complaint with the helpline number of the OPs. It is alleged that AC supplied by OPs was not properly cooling. It is further the allegation of the CC that he visited the show room of OP No.1 on a number of occasions and even requested him to refund the money but his request fell on deaf ears and rather his request was totally ignored. The CC also lodged his proper complaint on helpline No.9855788990 from his mobile No.9592231777. The CC also sent a number of messages and submitted few messages alongwith the complaint. It is also alleged by the CC that after receipt of complaint in the Customer Care Unit, mechanic of the Ops visited his residence and disclosed that the AC is defective. Same fact was brought to the notice of the OPs through SMS and by telephonic conversation. It is further alleged that by the CC that despite his several visits in the scorching heat of summer, grievance of the CC was not redressed by the OPs.
Thus alleging deficiency in service on the part of the OPs, the CC has sought refund of Rs.36,000/- from the OPs alongwith Rs.600/- as installation charges, which he had paid. with interest @ 24%. The CC has also sought Rs.2,00,000/- as compensation. The complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.
2. The OPs have chosen to remain ex-parte. It is important to mention here that the OPs were proceeded against ex-parte vide order dated 02.12.2019 of this Commission.
3. Since entire evidence of the CC is on the file and the OPs are already ex-parte, we feel that no prejudice is going to be caused to any of the parties if the present complaint is decided on merits. Otherwise also the present Consumer Protection Act is a Special Act which is enacted to provide speedy justice to the parties.
4. We have perused the file and we are of the firm opinion that there has to be some “prima facie” evidence on the file to prove that actually the AC of the CC was defective. First of all there is no cogent evidence or even the report of any expert mechanic or engineer annexed with the complaint that the AC of the CC was defective or was not giving proper cooling. Moreover, there is no email or message attached with the complaint to prove that at any point of time, the CC had informed either through whatsapp or through email that his AC is not giving proper cooling or is even defective. We feel, that since there is no satisfactory evidence on the file to prove that the AC installed by OPs was defective in any manner, no relief can be granted to the CC. No doubt the Consumer Protection Act envisages a different system of dispensation of justice and is enacted with a view to provide proper protection of rights of consumer, but at the same time we feel that the Act cannot be allowed to be misused by unscrupulous complainants who approach the Commission with some nefarious designs.
5. In the absence of any cogent, reliable and trustworthy evidence on the file, it will not be in the interest of justice to allow the present complaint and the same is accordingly dismissed. Free certified copies of the orders be supplied to the parties as per rules. File be consigned to record in accordance with rules.
Announced
September 08, 2020
(Sanjiv Dutt Sharma)
President
(Mrs. Natasha Chopra)
Member
(Inderjit)
Member
