BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.67 of 2021

      Date of Instt. 10.02.2021

      Date of Decision: 21.05.2024

Sh. Vishal Kumar Pawar son of Sh. Ram Pal, resident of House No.39, Tanda Road, Near KMV College, Ajit Nagar, Jalandhar.

..........Complainant

Versus

1.       M/s Jeeves Consumer Services Pvt. Ltd. Building Alyssa,        Begonia & Clover, Embassy Tech Village, Outer Ring Road,         Devarabeesanahalli, Village Varthur, Hubli, Bengaluru 560103,      Karnataka, through its Mg. Director.

2.       M/s Jeeves Consumer Services Pvt. Ltd., Regd. Office:   Consulting Room Pvt. Ltd., Regd Office: Consulting Room Pvt. Ltd 202, DBS Business Centre FF World Trade Tower           Barakhamba Lane, Cannaught Place, New Delhi 110001 Through    its Authorized person.

3.       M/s Jeeves Consumer Services Pvt. Ltd. L-169,13th Cross, 5th         Main Sector 6 HSR Layout, Bangalore 560102, Through its      Authorized Person.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       None for the Complainant.

                   Sh. A. S. Sohal, Adv. Counsel for OPs No.1 & 3. (Join Proceedings.)

                   OP No.2 exparte.

Order

Jaswant Singh Dhillon (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant purchased extended warranty of 2 Years for Midea 1 Ton 3 Star Split Inverter AC from Flipkart being order ID 113626671354936000 and plan ID JPPOFFK859490 on 13.10.2018. The complainant lodge a complaint of his AC as there was loud sound from external unit and low cooling being claim id no. EW1589799990 dated 18.05.2020. The complainant issue was not resolved by the opposite parties so the complainant rose another complaint on 09.06.2020. The OPs informed the complainant as the opposite parties are unable to resolve the issue in that case the opposite parties will be refunding him an amount of Rs.15,661/- on 22.07.2020. As per Flipkart Protect Extended Warranty Terms and - conditions, para B point I, purchase price: is purchase price of the covered product prior to any discount but including applicable taxes. Purchase Price should be Rs.21,999/- not Rs.19,576/-. The refund amount of Rs.15,661/- as per the calculation of the OPs is not acceptable to the complainant as per the terms and condition Para C point 6, Replacement Guarantee if we cannot repair the product of the complainant within 30 days. As the complaints of the complainant is pending since 18 May, 2020 with claim ID EW1589799990 so a replacement of this product is due. The OPs never bothered to resolve the issue of the complainant and the OPs have miserably failed to provide a good service to the complainant hereby causing deficiency in service. The complainant got issued a legal notice dated 19.11.2020, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the amount of AC i.e. Rs.21,999/- or to replace the said AC with new one of same model alongwith interest and further OPs be directed to pay a compensation of Rs.1,00,000/- for causing mental tension, harassment and agony to the complainant and Rs.11,000/- as litigation expenses, in the interest of justice.

2.                    Notice of the complaint was given to OPs, but despite service OPs No.1 and 3 did not appear and notice sent to OP No.2 received back with the report refused and ultimately all the OPs were proceeded against exparte. Thereafter, the counsel for the OPs No.1 and 3 filed an application to join the proceedings and the same was allowed with the condition that the OPs No.1 and 3 will have only right to argue his case without filing written statement and without leading any evidence.

3.                In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.

4.                We have heard the learned counsel for the OPs No.1 and 3 only as none has appeared on behalf of the complainant since last so many dates and have also gone through the case file very minutely.

5.                The case of the complainant is that the complainant purchased an AC 1 ton 3 Star vide order dated 13.10.2018 for Rs.19,576/- including GST  and SGST with Flipkart Protect Extended warranty of two years for Rs.1122/-. The complainant lodged a complaint of his AC as there was loud sound from external unit and low cooling vide claim ID No.EW1589799990 dated 18.05.2020. The complainant’s issue was not resolved, then the complainant lodged another complaint on 09.06.2020. As the OP was unable to resolve the issue, so OP offered refunding of amount of Rs.15,661/- on 22.07.2020. The complainant stated that as per Flipkart protect extended warranty terms and conditions, para B point 1, he is entitled for the refund of purchase price. The purchase price means purchase price of the covered product prior to any discount, but including applicable taxes. So, as per complainant’s version, purchase price should be Rs.21,999/- not Rs.19,576/-. The refund amount of Rs.15661/- as per the calculation of the OPs is not acceptable to the complainant. Secondly, as per the terms and conditions of the Flipkart extended warranty, Para No.C Point 6 replacement guarantee is concerned and replacement guarantee means if we cannot repair the product of the complainant within 30 days. As the complaint of the complainant was pending since 18 May 2020 vide claim ID EW 158979990 i.e. more than 30 days, so a replacement of the product is due. The complainant got issued a legal notice dated 19.11.2020, but all in vain.

6.                On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, however lastly OPs No.1 and 3 joined the proceedings on 27.07.2022, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-8.

7.                After hearing the learned counsel for the complainant and have also gone through the case file very minutely, it is clear that the OP is deficient in service and complaint of the complainant is partly allowed. The OPs are directed to refund the amount of AC Rs.19,576/- plus amount of warranty Rs.1122/- i.e. total Rs.20,698/- or in the alternative to replace the said AC with new one of same model and same price. Further, OPs are directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

21.05.2024         Member                          Member           President