BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

C.C. No. 08/2019 Filed on 16/01/2019

ORDER DATED:  29/10/2022

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Commission under Section 12 of the Consumer Protection Act 1986.The fact of the case is that on 01/05/2017 the complainant purchased an Air conditioner and a stabilizer from the 1^st opposite party by paying an amount of Rs.45,000/-.At the time of purchase of air conditioner the complainant was told by the 1^st opposite party that the condenser and compressor were having 5 & 10 years warranty respectively.But after 1½ years the machine stopped working.The complainant registered a complaint with the company and one technician attached to the company inspected the air conditioner and told the complainant that due to the holes in the condenser the gas of air conditioner got leaked.The technician further told the complainant that the condenser was made up of aluminium and the aluminium corrods very fastly.The technician told the complainant that they will replace the condenser but the complainant has to pay Rs.2,600/- as the price for filling the gas and as service charges.The leakage of gas happened due to the holes formed in the condenser as it’s made up of aluminium.Even though they have given 5 years warranty to the condenser the gas leakage was occurred due to the formation of holes in the condenser.Every time the complainant has to pay an amount for gas filling due to the gas leakage.The act of the opposite parties 1 & 2 amounts to deficiency in service, hence this complaint.

Even though the 1^st & 2^nd opposite party received notice, 2^nd opposite party did not appear before this Commission.Hence the 2^nd opposite party was set ex parte.1^nd opposite party filed version and averred that the complaint is not maintainable either in law or on facts.The manufacturer of the company is responsible for all the damages or complaints occurred if any within warranty period.The 1^st opposite party is only a dealer.The manufacturer was not made a party in this complaint, hence the complaint lacks non joinder of necessary party.It is admitted by the 1^st opposite party that the complainant has purchased an air conditioner and stabilizer from their shop.The complainant herself admits that she used the air conditioner for 1½ years without any complaint.The complaint caused may be due to the many reasons such as voltage fluctuation etc.The warranty of the product price etc., are decided by the manufacturer and the 1^st opposite party has no role on it.The complainant has not produced the warranty card.The rule of the manufacturer is that there is no warranty for the leakage of gas and customer has to pay the service charge for that even if the product is a new one.The catalogue of the product is also given to the complainant at the time of purchasing the air conditioner.The 1^st opposite party has not committed any deficiency in its works.The 1^st opposite party has contended that the manufacturer is liable for the manufacturing defect of the product.If there is any damages or repair on the goods sold the liability of the same will go to the service centre as well as the manufacturer of the goods.The usual practice is that when one customer informs any complaints to the 1^st opposite party they will inform the same to the manufacturer and its service centre.The rest of the liability is with the manufacturer as well as with the service centre.There is no deficiency in service from the side of 1^st opposite party.Hence the complaint may be dismissed with cost to the 1^st opposite party.

Issues to be ascertained:

1. Whether there is any deficiency in service from the side of 1^st & 2^nd opposite parties?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):- Both these issues are considered together for the sake of convenience.  The complainant has filed proof affidavit and has produced 5 documents which were marked as Ext.P1 to P5.  The 1^st opposite party has not filed affidavit in lieu of chief examination.  The 1^st opposite party has not filed argument note.  On going through Ext.P1 it can be seen that the complainant has purchased the air conditioner & stabilizer from 1^st opposite party.  Even though the complainant has alleged that the condenser has got 5 years of warranty, the complainant has not produced any evidence to prove the same.  The complainant has alleged manufacturing defects in her complaint, but the manufacturer was not made a party in the complaint.  The opposite party has also took the contention of non-joinder of necessary party, then also the complainant has not made the manufacturer as a party in the complaint.  The complainant alleges that the leakage of the gas has caused due to the manufacturing defects, but the complainant has not produced any evidence to prove that there is manufacturing defects in the air conditioner.  Exts.P 2, 3 & 5 are all receipts showing the amounts given for gas filling & labour charges.  The complainant has also not produced any evidence to show that the condenser was made of aluminium & the leakage of gas was due to the formation of holes in the condenser.  In these circumstances, the complaint filed by the complainant is not maintainable.

        In the result the complainant is dismissed.  Parties shall bear their own cost.

                   A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 29^th  day of October,  2022.

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P.V.JAYARAJAN                 : PRESIDENT 

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PREETHA G. NAIR              : MEMBER    

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                                                                 VIJU V.R                          : MEMBER

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                                                  C.C. No. 8/2019

APPENDIX

  I         COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

IV        OPPOSITE PARTY’S DOCUMENTS:

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PRESIDENT

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