Punjab

Fatehgarh Sahib

CC/34/2022

Pardeep Kumar - Complainant(s)

Versus

Intex Technologies Pvt Ltd - Opp.Party(s)

Sh B B Sharma

18 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                            COMMISSION

                      FATEHGARH SAHIB.

                                                             

Consumer  Complaint No.	:	CC/34 of 2022
Date of Institution	:	19.04.2022
Date of Decision	:	18.04.2023

 

 

Pardeep Kumar aged about 48 years son of Sh. Kewal Krishan resident of Village Badali Ala Singh,  Tehsil and Distt. Fatehgarh Sahib.  

 

                                                                                                       …………....Complainant

 

                                                Versus

 

1. Intex Technologies Pvt. Ltd., D-18,Okhla Industrial Area, Phase-2, New Delhi-110020 through its Authorized Signatory.
2.  Bulk and Brands, S.C.O 18-19, near J.P. Hospital, Zirakpur-Chandigarh Road, Zirakpur, Distt. S.A.S. Nagar Mohali through its Authorized Signatory..    

 

 

..………....... Opposite Parties

 

 

 

Complaint under Section 35 of Consumer Protection Act 2019

 

Quorum

 

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present: Sh.Bharat Bhushan Sharma, counsel for complainant.

              Opposite parties no.1 and 2 Ex-Parte vide order dated 3.8.2022

 

 

   

The  complaint has been filed against the OPs (opposite parties)  under Section 34 of Consumer Protection Act-2019 alleging deficiency in service with the prayer for giving direction to refund the amount of price of the Air Conditioner i.e Rs.21,500/- along with  update  interest at the rate of 18@ P.A to the complainant , to pay Rs.50,000/-  as compensation on account of mental agony .

1. The complainant  purchased one Air Conditioner @ 8415 intex 1 ton  3 star split A.C  INS12Cue3EC on 11.5.2021 from the OP no.2 for the amount of Rs.21,500/-  including taxes and the complainant made the payment of above said  amount to OP no.2. The OP no.2 issued a invoice/bill no.283/2021-22 dated 11.5.2021 in favour of the complainant and also gave warranty of 12 months of the same and 5 years warranty of compressor of the AC.. After purchase of above said A.C, the Ops got installed the same in the  residential house of the complainant . After few days from the purchase of the above said  Air Conditioner, the same stopped functioning and leakage started in the said  A.C.  Then the complainant made a complaint to the care center of the OP no.1 in the month of July 2021 and the mechanics of the OPs repaired the same  by changing the coil of the A.C. on 15.07.2021 and assured that the problem will not occur in future and now the A.C will work in proper manner. After the said repair , the  A.C in question  again stopped cooling after few days and this time also the complainant informed the OP no.1  and the mechanics of the OPs again repaired the same in the last week of August 2021and also assured that the problem will not occur again.  In  the first week of April 2022, when the complainant started the A.C but the A. C was not cooling  and the defect in the A.C could not be detected by the mechanic of the OPs. The complainant again approached the OP no.2  and told about the  defect of A.C but the OP no.2 totally denied to repair the A.C. and  also told the complainant that the OPs have no liability to repair the A.C.  The complainant  requested the OPs that the A. C is under warranty period and the OPs are legally bound to repair the A.C and OPs have sold the A.C. to the complainant which is having manufacturing defect. OPs did not pay any heed to the requests of complainant.  Hence this complaint.
2. Notice of the complaint was given to the OPs no.1 and 2 through registered Post . OPs no. l and 2  did not come forward to file  written version and they were proceeded against Ex-Parte vide order 03.08.2022
3.        The complainant in support of his complaint tendered in evidence his  affidavit Ex.CW1/1,  and  Photo copies of documents i.e ExC1  Tax invoice  dated 11.5.2021, Ex.C2 Aadhaar Card, Ex.C3  complaint dted 15.7.2021and closed the evidence.
4.   Heard. Entire record has been perused.
5. From the perusal of the record  on file,  it is evident  that the complainant  had purchased a Intex 1 Ton  3 star split A.C from OP no.2 vide Ex.C1. The main grouse of the complainant was that A.C started troubling  of  low cooling with in 2 months form the date of purchase. The complainant lodged number of complaints with the Ops regarding the aforesaid defects. The service engineers of the OPs once changed the coil of the A.C which did not  bring in the desired relief  to the complainant. The service engineers of the OPs many times tried to rectify the defects in the A.C vide Ex.C3. The allegations set out in the complaint goes unrebutted  and unopposed  as the OPs  did not  choose to  contest the  complaint. It raised a reasonable presumption that OPs remain deficient in providing services. It is thus proved that the Ops sold a defective product to the complainant and failed to remove the defects in the A.C. OPs are thus held liable for deficiency in service.
6.  As  a corollary of our above discussion, the present complaint is partly allowed.  OPs no.1 and 2 are held  jointly & severally liable for deficiency in service. The OPs no.1 and 2 are directed as under:-

[a] To make the A.C workable by making videographyas per the satisfaction of complainantwithin 15 days from the date of receipt of order. Failing whichthe OP will refund thePrice of A.C i. e Rs.21,500/- to the complainantalong with interest@ 6% P.A from the date of filing of complaint within 30 days, failing which interest @ 9% P.A. shall be payable. The complainant is directed to return the A. C in his possession to the OPs simultaneously in case of refund .

[b] To pay Rs.5,000/-compensation for harassmentandlitigation charges to the complainant.

    Compliance of the order be made by the OPs no.1and 2 within30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record room.   

Pronounced 18 April 2023.

                                                           

                                                                      (S.K. Aggarwal)

                                                                      President

                                                                     

    

                                                                             (Shivani Bhargava)

                                                                              Member

 

                                                                             ( Manjit Singh Bhinder )

                                                                                          Member