DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 313 of 9.8.2016

                                      Decided on:                    15.12.2016

Harpreet Singh aged 36 years son of Sh. Jagjit Singh, r/o House No. 208-B, Shaheed Bhagat Singh Colony, Rajpura Town, District Patiala.

                                                                   …………...Complainant

                                      Versus

1.       Kumar T.V.House, Gurudwara Road, Rajpura Town, Rajpura,District Patiala.

2.       Career Air Conditioning and Refrigeration Ltd. S.C.O.196-197, 4^th Floor, Sector 34-A, Chandigarh-160022, Phone No.0172-5007549-50.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member                              

ARGUED BY:

                                       Sh.Harpreet Singh, complainant in person.

                                       Opposite Parties No.1&2  Ex-parte.

 ORDER

                                    SMT.NEENA SANDHU, PRESIDENT

                   Sh. Harpreet Singh  has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-

1. To get the AC replaced
2. To pay Rs.50,000/- as compensation on account of harassment & mental torture etc.

2.                In brief, the case of the complainant is that on 2.9.2015, he purchased an AC ( two Ton) make Split from OP No.1, which was installed at his house by  OP No.1.That on the date of installation of the said A.C., he brought into the notice of  OP No.1 that the outdoor compressor’s body has been damaged from various places and cooling of the same is very low. The said OP assured him to get the same replaced but it did not do so. On making repeated requests/complaints it just got refilled the gas in the said AC. Even then the said AC was not working properly. Thereafter he registered a complaint on the help line number of OP No.2, which sent a person namely Shanker, who after inspection of the said AC told him that the PCB and the connector of the AC are defective. After one month they only replaced the PCB of the AC. The compressor of the AC makes noise like a tractor. He lodged complaints on 21.4.2016, 10.5.2016 26.7.2016, 27.7.2016 and 2.8.2016 with the O.Ps either to rectify the defect occurred in the AC or to replace the AC, as it got defective within the warranty period. Inspsite of repeated requests/complaints, the OPs neither rectified the defects nor replaced the same with the new one. There is thus deficiency in service on the part of the Ops for which he is suffering from mental agony and physical harassment for the non working of the AC.

3.                 On being put to notice, the OPs failed to contest the complaint and chose to remain absent. They were thus proceeded against exparte.

4.                In exparte evidence, the complainant tendered in evidence his affidavit, Ex.CA alongwith document Ex.C1 and closed the evidence.

5.                We have heard the complainant present in person and have also gone through the record of the case ,carefully.

6.                 From the copy of invoice dated 2.9.2015,Ex.C1,it is evident that the complainant  purchased the AC in question on 2.9.2015 for a sum of Rs.47500/- from O.P. No.1. The complainant has alleged that inspite of repeated repairs of the AC in question, the defects could not be rectified by the  Ops and it needs replacement. The said allegation has not been rebutted by the Ops as they preferred not to appear before this Forum despite of service, as such adverse inference can be drawn against the Ops that they have nothing to say against the allegations leveled by the complainant. In view of the above, the complaint is partly accepted and the Ops are directed as under:

1. The OP No.2 is directed to replace the AC in question with the new one of same features and model.
2. Ops No.1&2 are directed to pay Rs.5000/- as compensation for mental agony and physical harassment suffered by the complainant.

Ops No.1&2 are further directed to comply with the order within a period of 45 days from the receipt of the certified copy of this  order. The certified copies of the order be sent to the parties, free of costs under the rules. Thereafter file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:15.12.2016

                                                                   NEENA SANDHU

                                                                        PRESIDENT

                                                                   NEELAM GUPTA

                                                                         MEMBER