This is a complaint filed by one Sri Subir Chowdhury against L.G. Electronics Pvt. Ltd. and Multi Channel Electronics Pvt. Ltd., praying for a direction upon the OPs to rectify the defect of the AC machine with replacement of proper type condenser, and to pay a compensation of Rs. 5,000/- and litigation cost Rs. 1,000/-.

Facts, in brief, are that, Complainant purchased one Split AC Machine from the OP No. 2 on 26-03-2012.  During the fag end of June, 2015, it was found that the AC machine was not functioning properly and although the service engineers of the OPs attended to it, there was no improvement.  It is alleged that the OP No. 2 did not arrange for matching condenser, which not only gave it an ugly look, the probability of accident also loomed large.  Since several reminders to the OPs in this regard went in vain, finding no alternative, Complainant filed this case.

OPs contested the case by filing WV, whereby they denied all the material allegations of the complaint.  Further case of the OPs is that since straight type of condenser was out of stock, their service engineer requested the Complainant to wait for some time to arrange for same type of condenser, but the latter was not ready to cooperate.  Finding no other alternative, their executives replaced the condenser with an alternative model. It is claimed that the Complainant was satisfied with such arrangement and did not object to it at that moment.  OPs gave the said service free of cost as the AC was within the ambit of AMC plan though the warranty period already got over. It is claimed that the OPs extended all the due co-operation to the Complainant at all times and left no stone unturned to live up to the expectations of the Complainant.  Accordingly, they prayed for dismissal of the case.

Point for consideration is whether the Complainant is entitled to the relief as sought for by him or not.

Decision with reasons

Admittedly, the OPs could not arrange for proper condenser leading causing great discomfort and annoyance to the Complainant.  It is claimed by the OPs that their service engineer made such arrangement with due consent of the Complainant.  However, not a single piece of document is placed on record to support such contention.  On the other hand, it transpires from the photocopy of Job Sheet dated 27-05-2015 that as the condenser was not matching, the Complainant asked for replacement of the same. 

It is claimed by the OPs that due to non-availability of straight type of condenser, they had to arrange for an alternative model of condenser.  As we find, such arrangement not only gave the AC machine an ugly look, but also the Complainant passed sleepless nights apprehending happening of accident any time due to accumulation of dust and other particles in the wide gap created in between the condenser and the body of the AC machine. One wonders, what steps the OP took during the long 7 months (prior to filing of this case) since such replacement was made to address the concern of the Complainant.  We have not come across any document to show that the OPs placed due requisition for appropriate condenser before the section concerned.  As a service provider, it was the responsibility of the OPs to rectify the defect of the AC machine properly, which they could not ensure. This is a clear act of deficiency in service on the part of the OPs.

It is argued by the OPs that they sought for some time from the Complainant to arrange for suitable condenser. As it turns out, the OPs have not been able to arrange for suitable condenser even after more than a year.  The Complainant certainly did not buy the AC machine for leisure.  There is every reason to believe that he purchased it with a view to tide over the unbearable humid condition that one is subjected to in this part of the world.  In absence of a functional AC machine, there can be no two opinions as to the fact that the very purpose of having a defunct AC machine gets defeated.  So, to expect a customer bear the brunt of failure on the part of the service provider to arrange for suitable condenser within a reasonable time is indeed inhuman and not tenable under any circumstances.      

Accordingly, we are of view that the OP should be asked to either arrange for proper condenser befitting the AC machine in question, or make suitable arrangement for installation of another Split AC machine of similar/equivalent specification till they arrange for suitable condenser. 

Hence,

O R D E R E D

that CC/34/2016 be and the same is allowed in part on contest against the OPs.  The OPs are directed to arrange for suitable condenser, within two months hence, to make the AC machine in question properly functional, else arrange for necessary replacement of the AC machine with similar/equivalent AC machine till such time proper condenser is arranged in respect of the AC machine of the Complainant.