Delhi

East Delhi

CC/325/2016

MANOJ DHALL - Complainant(s)

Versus

IFB - Opp.Party(s)

18 Dec 2019

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 325/16

 

 

Shri Manoj Dhall

R/o A-7, G-2 Rampuri,

Ghaziabad- 201011

•  

 

•  

Vs

1. IFB Industries Ltd.

A-56, Phase-I,

Okhla Industrial Area,

New Delhi- 110020

 

2. Razzle Dazzle Electronic

3/31, Krishna Nagar,

Near Vijay Chowk,

Delhi- 110051

 

                                                                             ….Opponents

 

Date of Institution: 27.06.2016

Judgment Reserved on: 18.12.2019

Judgment Passed on: 06.01.2020

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                           (MEMBER)

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

Judgment

The present complaint was initially filed against IFB Industries Ltd., (OP-1), Razzle Dazzle Electronic, (OP-2) and Singh Enterprises, (OP-3), the service centre under Section 12 of the Consumer Protection Act, 1986 by Shri Manoj Dhall, the complainant. Subsequently, during the course of proceedings OP-3 was deleted from the array of parties at the request of the complainant.

Facts briefly stated are that on 29.03.2015, the complainant purchased one IFB Air Conditioner; 1.5 tonne from OP-2 for Rs. 32,000/- vide invoice no. 7564. There was 5 years warranty for compressor and 1 year on machine. It has been stated that warranty card was not filled by OP-2 stating that invoice was suffice. Within 6 months of purchase, there was problem with Air Conditioner and finally on 11.9.2015, complaint was registered, thereafter executive attended the complaint, copper pipe was changed on 18.09.2015 for which Rs. 3,360/- were charged vide receipt no. 1149. It has been further stated that again there was problem in Air Conditioner for which complaint was registered on 18.10.2015, however, the technician did not rectify the same, and even behaved rudely with the wife of the complainant.

On 16.02.2016, complaint was made through email to OP-1, which was replied vide email dated 24.02.2019. On 25.02.2016, engineer visited the residence of complainant, where he was informed that there was gas leakage due to breakage of copper pipe. When the engineers could not resolve the problem despite various repairs, the complainant requested for replacement or refund. Job card dated 25.02.2016 was issued without doing any repairs.

Mails dated 29.02.2016 & 06.03.2016 were written thereafter complainant was telephonically offered extended warranty for 3 months i.e. upto June, 2016, which was declined by complainant’s wife. On 27.03.2016, the Air Conditioner was repaired by engineer and warranty was extended for 3 months vide job card dated 25.02.2016, however, the problem continued to persist. Several complaints were made to OP-1. It has been stated that one engineer of OP-1, namely, Mohd. Zishan, extended warranty upto 27.12.2016 and endorsed the same on the invoice dated 29.03.2015 as well as on job card dated 25.02.2016, the said extended warranty was declined by OP-1 in the month of May, 2016. Air Conditioner was repaired, but all in vain.

It has been stated by the complainant that the Air Conditioner could not be repaired despite several efforts, which has not only resulted in harassment, mental agony, but also financial loss.

The complainant has prayed for directions to OPs to refund              Rs. 32,000/- being the cost of Air Conditioner; Rs. 3,360/- towards the cost of copper pipe alongwith interest @ 24% from 29.03.2015 & 18.09.2015 respectively; Rs 40,000/- as compensation on account of mental harassment & mental agony. Litigation cost of Rs. 20,000/- has also been prayed.   

Complainant has annexed copy of Election ID card, copy of invoice of the Air Conditioner dated 29.03.2015, copy of the warranty card of the Air Conditioner, copies of receipt no. 1149 dated 18.09.2015 issued by OP-3, copy of the job card dated 25.02.2015, copies of emails exchanged between the complainant and the OP-1 and copies of SMS’s by OP-1 with the complaint.

Written Statement was filed on behalf of OP-1, several pleas have been taken in defence, such as complaint was frivolous and was filed for personal gain etc. The factum of sale of Air Conditioner was admitted, however, it was submitted that Air Conditioner was working after repairs, it was the complainant who had denied to resolve the issue. It was further submitted that it was almost after 1¾ years from the date of purchase, Air Conditioner was found defective. Thereafter, technician as well as engineer were sent many times to the residence of the complainant and no service charge was raised. It was also submitted that only cost of copper pipe was charged as it was not covered under warranty. In order to strengthen customer support benefits, the product warranty was extended to compensate inconvenience and the product was repaired free of cost as it was under warranty. Rest of the contents of the complaint have been denied.

Complainant filed rejoinder to the Written Statement of OP-1, where they have denied the contents of Written Statement. It was submitted that the copper pipe was charged on 18.09.2015, which was within 6 months from the date of purchase. Averments made in complaint have been reaffirmed.

Evidence by way of affidavit was filed by both the parties, complainant have deposed on oath the averments made in his complainant. He has got exhibited copy of invoice no. 7564 dated 29.03.2015 of amount Rs. 32,000/- as Ex.-CW1/1, copy of warranty card as Ex.-CW1/2, copy of invoice no. 1149 dated 18.09.2015 amounting Rs. 3,360/- as Ex.-CW1/3, copy of mails exchanged between complainant and complaint’s wife, and OP-1 as              Ex.-CW1/4 (Colly.), copy of job card dated 25.02.2016 as Ex.-CW1/5 and SMSes received from OP-1 as Ex.-CW1/6 (Colly.).

OP-1 has got examined Shri Kamal Jhanwar, Authorized Representative, he has also reiterated contents of their Written Statement on oath.

OP-2 was served by way of “Dasti” summons, no one appeared despite service, hence, they were proceeded ex-parte.

We have heard the arguments on behalf of daughter of complainant and Ld. Counsel for OP-1. We have also perused the material placed on record. The complainant has invoked the jurisdiction of this Forum as the Air Conditioner purchased by him was not working properly, in support of his contention he has relied on Ex. CW1/3, which is the receipt no. 1149 of date 18.09.2015, where copper pipe was changed. The same is within 6 months from the date of purchase, the second complaint is of 18.10.2015, it is seen that within a span of 1 year, the complainant has registered 5 complaints, the fact which is substantiated by Ex.CW1/5(Colly.), the emails dated 19.02.2016; 29.02.2016; 06.03.2016 and 19.03.2016.

The job sheet dated 25.02.2016 i.e. Ex.-CW1/5 bearing endorsement “Six month warranty 27.12.2016” and even on invoice, Ex.-CW1/1, the same has been endorsed by Mo. Zishan. OP-1 has simply denied the contents of the corresponding para but, no specific denial has been made by them though the warranty had been extended by OP till June 2016, which is an admitted fact but, despite that the Air Conditioner was not working properly, the extension of warranty means that the product will be repaired in case there was some problem in the normal working of the product on the contrary, when the product is defective, extended warranty would be of no use. Even after May, 2016, complaints have been registered with OP-1.

Thus, from the above discussion it can be concluded that there was defect in the Air Conditioner manufactured by OP-1, therefore, we direct             OP-1 to refund the cost of the Air Conditioner i.e. Rs. 32,000/- alongwith the interest @9% per annum from the date of filing of complaint. We further award Rs. 15,000/- as compensation on account of mental harassment and agony, which is inclusive of litigation expenses.

The order be complied within 30 days from the date of receipt of this order. If not complied within the stipulated time, the awarded amount shall carry interest @9% per annum from the date of order till realization.

            

Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(HARPREET KAUR CHARYA)                                     (SUKHDEV SINGH)                                    

              MEMBER                                                         PRESIDENT