DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST
GOVT. OF NCT OF DELHI
D.C. OFFICE, COMPLEX, NAND NAGRI, DELHI-93
Complaint Case NO. 254/2014
CORAM: Hon’ble President Sh. N.K. Goel
Hon’ble Member Ms. Asha Kumar
Hon’ble Member Sh. Nishat Ahmad Alvi
In the matter of:
Sh.Harsh Jain
S/o Sushil Kr. Jain
R/o 1/3260 A
Main Mandoli Road, Shahdara, Delhi-110093 Complainant
Versus
- Hindustan Distributor
B-127, 100 Ft. Road,
Hardev Puri, Shahdara,
Delhi-93
- Videocon Industries Ltd.
Plot No. 254, Udhyog Vihar,
Phase IV, Gurgaon 122015 Opposite Parties
DATE OF INSTITUTION :28/06/2014
DATE OF DECISION : 05/12/2014
Order
Asha Kumar, Member:-
In nut shell, complainant purchased a Videocon AC VAC VS5C3 White Lotus S-4 Singal Step manufactured by OP2 from OP1 vide invoice no. R-450 dated 26/4/13 and paid Rs. 25000/- with a warranty of five years on the compressor . It is alleged that soon after the purchase it started giving problem as the compressor was not working properly and no proper cooling was there. The first oral complaint was made in the month of May 2013 followed by written complaint in the same month. Thereafter other complaints were made in June , July and August 2013. Some mechanic of OP2 attended the complaint in the month of August 2013 and took the AC at workshop for repairs. The said AC was brought back by the mechanic and he told that the AC could not be repaired as its compressor was out of order and it required replacement due to which there was gas leakage from the AC . Complainant made several complaints, namely, DEL0305140619 on 03/5/14, DEL 2105140428 on 12/5/14 on service helpline of OP2, but nothing came out.
Hence pleading unfair trade practice the present complaint has been filed for refund of Rs. 25000/- (cost of AC). He has further prayed for Rs. 30000/- towards mental harassment besides Rs. 10000/- as litigation cost.
After notice Shri Saurabh Shandilya, AR for OP2 and Shri Vijay Mohan, Accountant for OP1 appeared before the forum on 06/8/14 and collected copies of complaint and annexures. Thereafter none appeared on behalf of OPs. Hence, OPs are proceeded ex-parte vide order dated 22/8/14.
Ex-parte evidence has been filed by complainant.
Heard. Documents on record perused.
All the allegations made by the complainant have remained unrebutted because OPs did not choose to contest the claim and have failed to file any reply. We have no other option but to believe the allegations made by complainant. Complainant purchased a Videocon AC VAC VS5C3 White Lotus S-4 Singal Step from OP1 vide invoice no. R-450 dated 26/4/13 and paid Rs. 25000/- (photocopy of invoice placed on the file) . As per warranty card ( photo copy filed on record ) one year warranty for the AC and additional 4 years’ warranty on the compressor was given . The first complaint was made in the month of May 2013 after one month from the date of purchase regarding non-cooling of AC. The mechanic of OP2 took the AC at the service centre for repairs in the month of August 2013 but the AC could not be made functional as its compressor was defective or out of order. Thereafter many other complaints were made but OP2 failed to rectify the defects. There is deficiency on the part of OP2. So holding OP2 guilty of deficiency in service. We direct OP2 to refund Rs. 25000/- towards cost of AC to the complainant. The old AC be taken back by OP2. We also award Rs. 15000/- towards damages for mental pain and agony to the complainant. We further award Rs. 1000/- as litigation cost to the complainant. Compliance be made within one month from the date of receipt of the copy of this order. Complaint stands disposed off.
Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. File be consigned to record room.
(Announced on 05/12/2014 )
(On leave)
(N.K.Goel) (Asha Kumar) (Nishat Ahmad Alvi )
President Member Member
