Delhi

North East

CC/89/2019

Mohd. Aqil - Complainant(s)

Versus

Gupta Electro World & Other - Opp.Party(s)

25 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 89/19

In the matter of:

 

		Mohd Aquil, R/o H.No. 417, Gali No. 2, Gautam Puri Ghonda, Delhi 110053		Complainant
		Versus
	1.           2.	Gupta Electro World 18-19, Through its Proprietor/Manager, At 1/1551, West Rohtash Nagar, Near HDFC Bank, Shahdara, Delhi 110032   L.G Electronics Pvt. Ltd., Through CEO/MD At D-3, 3rd Floor, District Centre, A-Wing, Saket Delhi 110017		Opposite Parties
			DATE OF INSTITUTION:      JUDGMENT RESERVED ON:                        DATE OF ORDER:		14.09.2019 10.11.2023 25.01.2024

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

 Anil Kumar Bamba, Member

The Complainant filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 24.02.2019 the Complainant had purchased an AC from the Opposite Party No. 1 and manufactured by Opposite Party No. 2 for a sum of Rs. 36,000/-. Complainant stated that Opposite Party No. 1 assured that the said AC has very good quality and grade and it would give good service. It is his case that the said AC was installed at his another premise i.e. H. No. 1024, Gali No. 8, Chauhan Bangar, New Seelampur, Delhi and worked up to May 2019 but in June –July 2019, the said AC was not working properly and not giving cooling. He made a complaint with Opposite Party No. 1 and Opposite Party No. 1 told that he only sold the product and if AC creates any problem or not gives proper services then call to Opposite Party No. 2 or its service centre. After that the Complainant contacted the service centre of the Opposite Party No. 2 but they failed to give proper service as the gas filled by the engineer of the service centre but the AC was not giving proper cooling. He made complaints again and again and last complaint was made on 22.08.2019 but without any result. Hence, this shows the deficiency of service on the part of Opposite Parties. Complainant has prayed to refund the purchasing amount of Rs. 36,000/- with up to date interest or replace the product with new one which be free from any defect with fresh warranty. Complainant also prayed for Rs. 30,000/- on account of mental harassment and Rs. 9,000/- on account of litigation expenses.
2. None has appeared on behalf of the Opposite Party No. 1 to contest the case despite service of notice.

 

Case of the Opposite Party No. 2

3. The Opposite Party No. 2 contested the case and filed its written statement. It is stated that the Complainant purchased the AC in question on 24.02.2019. It is further stated that the Complainant lodged first complaint on 09.08.2019 regarding non-cooling of the said AC. It is further submitted that promptly the competent service engineer of Opposite Party No. 2 visited the premises of the Complainant on the priority basis and examined the product in question without any delay, after inspection it is found that servicing of the product in question is required after that the set is ok. Thereafter, on 20.08.2019 the Complainant made another complaint regarding less cooling, promptly the competent service engineer of Opposite Party No. 2 visited the premises of the Complainant on the priority and admittedly done the gas refilling without any cost. Moreover after further complaint on 26.08.2019 regarding non cooling, promptly the competent service engineer of Opposite Party No. 2 visited the premises of the Complainant and after inspection compressor of the product in question was changed without any cost and thereafter the set is working fine. After that the Complainant made other complaints, however on each and every occasion the product in question was found ok. At the outset it can be seen that the allegations levelled by the Complainant are false and there are no defect in the said AC. Further, the Complainant is not entitled to any claim or relief as claimed therein as the product is out of warranty. It is prayed for the dismissal of the complaint.

Rejoinder to the written statement of Opposite Party No. 2

4. The Complainant filed rejoinder to the written statement of Opposite Party No. 2 wherein the Complainant has denied the pleas raised by the Opposite Party No. 2 and has reiterated the assertions made in the complaint.

Evidence of the Complainant

5. The Complainant in support of his complaint filed his evidence by way of affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party No. 2

6. In order to prove its case Opposite Party No. 2 has filed affidavit of Shri Ajayan G, wherein the averments made in the written statement of Opposite Party No. 2 have been supported.

Arguments & Conclusion

7. We have heard the Ld. Counsels for the Complainant and Opposite Party No. 2. We have also perused the file and the written arguments filed by the Complainant and Opposite Party No. 2. The case of the Complainant is that he has purchased an AC from the Opposite Party No. 1 and manufactured by Opposite Party No. 2 for a sum of Rs. 36,000/- on 24.02.2019. The said AC was worked properly up to May 2019 but in June –July 2019, the said AC was not working properly. He made a complaint with Opposite Party No. 1 who told him to approach the Opposite Party No. 2 who is manufactured of the AC for providing service to repair of the said AC. He made several complaints with the Opposite Party No. 2 and its service centre but they failed to give proper service and made AC functional. Hence, there is deficiency of service on the part of Opposite Parties.
8. The case of the Opposite Party No. 2 is that the Complainant purchased the AC in question on 24.02.2019 and lodged first complaint on 09.08.2019 regarding non-cooling of the said AC. On receipt of the complaint from the Complainant their representative visited the premises of the Complainant and provided required service. Thereafter, Complainant made again complaint on 20.08.2019 regarding less cooling by the said AC and representative of the Opposite Party No. 2 visited the premises of the Complainant and gas was fill without any cost. Complainant again made a complaint on 26.08.2019 regarding non cooling by the said AC and compressor was changed without any cost and thereafter the said AC was working fine. Since, they have provided service to the Complainant hence; there is no deficiency on their part.
9. It is clear from the above facts that within six months of purchase of the said AC there was problem in AC. On perusal of the various job sheet filed by the Opposite Party No. 2 along with its written statement, it is reveals that there was problem with the AC and representative of the Opposite Party No. 2 visited the premises of the Complainant to provide required service like gas filling and change of the compressor. Further, it is also admitted that within one year of the purchase of the AC there was many complaints made by the Complainant regarding AC was not working properly and the same was admitted by the Opposite Party No. 2.
10. In view of the above, we are of the considered opinion, the case of the Complainant covered under section 2 (6) (II) of the Consumer Protection Act, 2019 i.e. “the goods bought by him or agreed to be bought by him suffer from one or more defects”, hence, the complaint is allowed. Complainant is directed to return the said AC to the Opposite Party No. 2 and on receipt of the AC, Opposite Party No. 2 is directed to refund the amount of the AC i.e. Rs. 36,000/- to the Complainant along with interest @ 9 % p.a. from the date of filing the complaint till recovery. Opposite Party No. 2 is also directed to pay an amount of Rs. 10,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery.
11. Order announced on 25.01.2024.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President