Chandigarh

DF-II

CC/490/2016

Rashpal Singh - Complainant(s)

Versus

IFB Industries Limited Home Appliances Division - Opp.Party(s)

In Person

16 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

============

Consumer Complaint  No	:	490 of 2016
Date  of  Institution	:	14.07.2016
Date   of   Decision	:	16.12.2016

 

 

 

 

Sh.Rashpal Singh son of Sh.Prem Singh, resident of H.No.537, Village Maloya, Chandigarh.

 

             …………..Complainant

 

Versus

 

1]  IFB Industries Limited Home Appliances Division, L1, Verna Electronic City, Verna Salcete, GOA India, through its authorised person/signatory.

 

2]  IFB Service Centre, SCO 2423, Sector 22-C, Chandigarh, through its authorised person/signatory.

 

3]  Gupta Electronic Company, SCO 1117, Sector 22-B, Chandigarh, through its authorised person/signatory.

 

 …………… Opposite Parties

 

BEFORE:  SH. RAJAN DEWAN           PRESIDENT

                                MRS. PRITI MALHOTRA       MEMBER

SH.RAVINDER SINGH          MEMBER

           

 

Argued By: Complainant in person.

Sh.Devinder Kumar, Counsel for OP-1 and Sh.Hakam Sharma, Senior Officer of Opposite Party.

OPs No.2 & 3 exparte.

 

 

PER RAVINDER SINGH, MEMBER

 

                                 The facts in issue are that the complainant purchased a Split Air Conditioner from Gupta Electronic Company (OP-3) on 12.6.2015 of IFB Company- Model IFB SAC 1.5 TN 5 STAR IACS18KD5TP (Ann.C-1) for a sum of Rs.38,000/-.  It is stated that the AC was producing a lot of noise just after installation by the technician and when it was reported to him, he said it would reduce over the period of time, but instead the noise from the AC increased. The complainant reported the matter to OP No.1, who sent technician Sh.Gurvinder, for check-up/repair, but the technician after examining the AC said that the blower motor of the unit needs to be changed, but he did not turn up to do so. So many calls were made to the OPs for removing the defect, but ultimately their senior technical Balwinder Singh said that the problem in AC could not be solved.  However, nobody came from the side of OPs even after a period of one year despite telephone calls and e-mails to do necessary repair.  Hence, this complaint has been filed.

 

2]       The OP No.1 has filed the reply and while admitting the factual matrix of the case, stated that the appliance was installed by its technician at the residence of complainant on 13.6.2015.  It is also stated that the Split Air Conditioner is not suffering from any problem and was not giving high noise.  It is submitted that the complainant has concocted a false story.  It is also submitted that qualified and experience technical staff of OP No.1 had visited the house of the complainant and had inspected the appliance, the noise level in the appliance is quite normal and nothing wrong was found with it.  It is further submitted that the complainant had installed Split A.C. of 1.5 ton with 5 stars in a small room measuring about 8’x10’, indoor unit was properly installed and was not giving any problem or noise. It is pleaded that the complaint lodged on 17.4.2016 was promptly attended and the blower motor of the AC was working properly.  It is also pleaded that technical staff of OP No.1 consisting Mr.Kulwnat Singh Kang, Deputy Manager AC, Mr.H.C.Sharma, Senior Officer, along with Balwinder Singh, Senior Technician AC, also visited the house of complainant on 5.8.2016 and nothing was found wrong with the working of AC. Pleading no deficiency in service, it is prayed that the complaint be dismissed.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the complainant in person, ld. Counsel for OP NO.1 and have examined the entire evidence & documents on record thoroughly.

 

5]       In compliance of the interim order dated 18.07.2016 passed by this Forum, the technical team of Opposite Party comprising Senior Technical experts visited the house of the complainant on 05.08.2016. They checked the AC and found it in perfect working order, during proceedings before this Forum. Even thereafter the complainant felt not satisfied, requested for replacement of the AC and accordingly at the instance of this Forum, the Opposite Parties have replaced the said AC with a new one too. Despite installation of the new AC, the complainant being not fully satisfied prayed for compensation and refund of amount paid by him for purchase of the AC.

 

6]       From the perusal of the evidence and consideration of arguments, it is revealed that the complainant has installed the AC of 1.5 ton in his small room of 8x10 ft. The space of room with size of 8x10 ft. necessitates AC of 1 ton only. The AC with more power in a small room is bound to give some more noise than usual. The complainant in person during arguments admitted himself that the said AC in question do not make noise at slow or medium mode of fan speed. It gives noise only when fan on high speed.

 

7]       Keeping into consideration the above peculiar facts, the complaint of the complainant regarding any defect or deficiency in service on the part of the OPs is untenable.  The complaint, as such, is dismissed with no order as to costs.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

16^th December, 2016                          Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER