Chandigarh

DF-I

CC/928/2019

Ms. Neha Mittal - Complainant(s)

Versus

Havells India Ltd. - Opp.Party(s)

In Person

10 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/928/2019
Date of Institution	:	11/09/2019
Date of Decision	:	10/04/2023

 

Ms.Neha Mittal D/o Sh.Sat Bhushan Mittal, R/o H.No.5385/1, MHC Mani Majra, Chandigarh.

… Complainant

V E R S U S

1. Havells India Ltd. through its Managing Director ORG Towers, 2D Sector 126 Expressway, Noida, UP-201304.
2. Lloyd Service Centre, 26/3, PH.II, Indl. Area, Ramdarbar, Chandigarh.
3. Gupta Vision through its Prop.Amit Kumar, Shop No.1141/2 Morigate Mani Majra, Chandigarh.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Aashish Bhagat, Counsel for Complainant.
	:	Sh.Karajveer Singh, Vice Counsel for Sh.Piyush Khanna, Counsel for OP No.1.
	:	Complaint against OP No.2 dismissed as withdrawn vide order dated 20.12.2022.
	:	OP No.3 ex-parte.

 

Per Surjeet kaur, Member

1.      Briefly stated the allegations are that the complainant had purchased the AC for sum of Rs.28,900/- from OP No.3 dated 15.06.2018 (Annexure A-1). The complainant was not satisfied with the cooling and complaint OP the non-cooling of the AC and the complaint made on 15.08.2018 and the engineer visited and checked the AC and he has stated that the gas of the AC has been leaked and it has not be refilled and the gas in the said AC was refilled on 15.09.2018. In the month of April, 2019 the complainant had again complained OP that the AC in question is not cooling properly. Now the engineers of OP visited the complainant’s house and instead of repairing or replacing the said AC the OP are blaming the complainant for mishandling of the said AC without explaining any mishandling. Now this time also there is a leakage of gas in the said AC and OP are blaming the complainant for mishandling. It had reported the above matter to OP several times through telephone and email but all in vain. Hence, is the present complaint.
2.     OP No.1 contested the consumer complaint, filed its written reply and stated that on inspection by the engineer of the answering OP, it was found that there was gas leakage through the flair nuts due to mishandling on the part of the complainant which as per warranty terms and conditions renders the product warranty void. It is also submitted that the gas refilling was to be done on chargeable basis but still as a goodwill gesture it was ready to refill the gas free of charge but the complainant was not allowing to do so. It is further submitted that there is no manufacturing defect in the AC and the quality of the same is good. On these lines, the case is sought to be defended by OP No.1.
3.     Complaint against OP No.2 dismissed as withdrawn vide order dated 20.12.2022.
4.     Notice of the complaint was sent to OP No.3 seeking its version of the case. However, nobody appeared on behalf of OP No.3 despite following proper procedure, therefore it was proceeded ex-parte on 16.03.2023.
5.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
6.     Parties led evidence by way of affidavits and documents.
7.     We have heard the learned counsel for the parties and gone through the record of the case.
8.     It is evident from Annexure A-1, the copy of invoice that the complainant paid amount of Rs.28,900/- to OP No.3 on 15.06.2018 towards the purchase of the AC in question. Annexure A-2 is email dated 16.04.2019 and 23.04.2019 reveal that AC suffered with various problems last year also and even at that time issue of improper cooling was reported to the OPs and so complainant sought replacement of the same, which was flatly refused by the OPs.
9.     The stand taken by OP No.1 is that it is the complainant who mishandled the product in question. It is admitted fact that there is problem of gas leakage in the AC and it is willing to refill the same as a goodwill gesture but complainant is seeking only refund without any major defect.
10.     Significantly, OP No.3 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP No.3 draws an adverse inference against it. The non-appearance of the OP No.3 shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
11.     After going through the evidence on record it is crystal clear that the brand new AC was purchased for the purpose of cooling but this very purpose failed immediately after the purchase of the AC machine. As the product in question is suffering with one or other problem since beginning then there is no situation for complainant to retain the same in its custody. The OPs have sold a substandard product to the complainant. So far as the allegation of the OPs regarding mishandling of the machine by the complainant seems hollow in absence of any authentic evidence as the product was sold as brand new one to the complainant by OPs and even the same was installed by the team of OPs only. Hence, the act of OPs for selling substandard product and thereafter non-providing proper after sale services proves deficiency in services on their part and their indulgence in unfair trade practice.
12.         In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund amount of ₹28,900/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization. The complainant shall, however, return the AC in question to the OPs.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹5,000/- to the complainant as costs of litigation.

13.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
14.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
10/04/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member