BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 239 of 2017
Date of Institution : 27.9.2017
Date of Decision : 28.2.2018
Sunny Arora aged about 31 years son of Shri Krishan Lal, R/o Near Mamta Clinic, Kirti Nagar Sirsa, District Sirsa.
……Complainant.
Versus.
- L.B. Electronics, Subhash Chowk, Opposite Masjid, Sadar Bazar, Sirsa, through its authorized person/ proprietor.
- L.G. Care Center, Shyam Electronics, Street Shani Devi Mandir wali, Bhadar Bazar, Sirsa through its authorized person/ proprietor.
- L.G. Electronic India Private Limited, Sector 49, Sohana Road, Ninex Mart, 3rd floor, Gurgaon (Gurugram) Haryana through its authorized person/ Managing Director.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…… PRESIDENT SHRI MOHINDER PAUL RATHEE……MEMBER.
Present: Sh. Dheeraj Jain, Advocate for the complainant.
Opposite parties no.1 and 2 exparte.
Sh. Kapil Dev, Advocate for opposite party no.3.
ORDER
In brief, the case of complainant is that complainant had purchased one split air conditioner of L.G. company, Model-LSA vide invoice No.39694 from opposite party no.1 on 20.6.2016 for a sum of Rs.19,000/- with one year complete warranty and five years for compressor. That after sometime of purchase of aforesaid AC, it started to give problems and was not functioning properly and major problems of abnormal sound (heavy sound), water falling from AC blower and AC suction developed. The complaint regarding this manufacturing defect was made to op no.1 who directed him to approach op no.2 who is authorized service centre of LG company and op no.2 had assured complainant that after repair work the AC would function properly. That even after repair of work, the AC did not function properly. Moreover, till today the AC has not been repaired and complainant is facing great hardship. The grievance of the complainant has not been redressed despite several requests and op no.2 also refused to give any job sheet to the complainant rather misbehaved with him. The complainant sent a mail to higher authority but to no effect. Hence, this complaint.
2. On notice, opposite parties no.1 and 2 did not appear and were proceeded against exparte.
3. Opposite party no.3 appeared and filed reply taking certain preliminary objections. It is submitted that AC so purchased by complainant was sold by op no.1 at a heavy discounted price for Rs.19,000/-. The said AC of the complainant was checked and after making only minor adjustments, the same was made to be in perfect working condition. In fact, the AC of the complainant is absolutely perfect while performing its function. It is the complainant himself who has put forward a concocted story in order to get his AC replaced with a new one and to grab money from the answering ops illegally. When there is no complaint/ fault in the said AC, then no question of resolving any complaint arises. Remaining contents of complaint are also denied.
4. The complainant produced his affidavit Ex.CW1/A, copy of bill Ex.C1 and copies of emails Ex.C2 to Ex.C10. On the other hand, learned counsel for op no.3 has suffered a statement that reply filed on behalf of op no.3 be read as evidence on behalf of op no.3.
5. We have heard learned counsel for the complainant as well as learned counsel for opposite party no.3 and have perused the case file carefully.
6. It is undisputed fact between the parties that complainant purchased the air conditioner in question from opposite party no.1 for a sum of Rs.19,000/- on 20.6.2016 which fact is also evident from copy of bill Ex.C1. The complainant has also placed on file his affidavit Ex.CW1/A wherein he has reiterated all the averments made in his complaint. The complainant has specifically deposed that after sometime of purchase of air conditioner, it started to give problems and was not functioning properly and major problems of heavy sound, water falling from its blower and suction developed in the air conditioner and there was manufacturing defect in the AC of complainant and even after repair work, AC did not work properly. He approached the ops many times in this regard but to no effect. The complainant has also placed on file copies of various emails in this regard as Ex.C2 to Ex.C10. The pleadings and evidence led by complainant goes as unrebutted and unchallenged against ops no.1 and 2 as they did not come forward to contest the complaint rather opted to be proceeded against exparte. The op no.3 has also failed to prove that air conditioner of the complainant is working perfectly as alleged by op no.3. The op no.3 has not placed on file any job card in this regard on file from which it could be presumed that op no.3 ever sent its mechanic to the premises of complainant and after inspection of the same and after making minor adjustments, air conditioner has been made in working condition. So, it appears from the evidence of complainant that air conditioner of complainant suffers from some defect and it is the legal obligation of the ops to carry out necessary repairs in the air conditioner in question and to provide services to the complainant and not providing of the same amounts to deficiency in service. However, there is nothing on file to presume manufacturing defect in the air conditioner at this stage.
7. In view of the above, we allow the present complaint and direct the opposite parties to send their mechanic at the place of installation of the air conditioner and to check the AC of the complainant and to carry out necessary repair and to make it defect free if same suffers from any defect even by replacing any part of the air conditioner without any cost within a period of 15 days from the date of receipt of copy of this order. In case it is found that same is not repairable, the ops shall be liable to give replacement of the air conditioner of the same make and model free of costs or in the alternate to make refund of the price of the air conditioner within further period of 15 days. We also direct the ops to pay a sum of Rs.2000/- as composite compensation and litigation expenses to the complainant. All the ops are jointly and severally liable to comply with this order. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated:28.2.2018. Member District Consumer Disputes
Redressal Forum, Sirsa.
