FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

            The facts as stated in the complaint are that by virtue of a registered the  Deed of Assignment dated 28.02.2018 the complainants acquired one flat being No. 102 on the first floor with one car parking space at “ Sunrise Heights” at KMC  Premises No.  134A, Beliaghata Road, PS-Narkeldanga, Kolkata-700015. In terms of the said Deed of Assignment the OP-3 /Developer installed Air Conditioned System consisting of five numbers of Indoor Units having serial Nos. 705PHXB006778, 706PHBA003405, 706PHEVEV003300, 706PHVK003407, 705PHUP006774 and one Outdoor Unit having serial No. 707PHPL006778 with one year warranty regarding  any manufacturing defect. The OP-3 installed those Air Conditioned System and handed over the same against the delivery letter dated 01.01.2018 with a clause that any further correspondence/queries regarding Air Conditioned System, the complainants should always contact with the OP-1/LG Electronics India Pvt. Ltd. Complainants alleged further that cooling system of the aforesaid Air Conditioned Machines were  found defective within one month from the date of installation. Complainants contacted with the Authorized Service Centre/OP-2 and complaint about the problem in the AC machines. On the basis of said complaint, the OP-2 deputed their Engineer to attend the call. Despite repairing those machines failed to function properly, again the Engineer of OP-2 visited the house of the complainants and tried to rectify the problem but failed to do so.  On the basis of further complaint dated 23.08.2019, the OP-2 deputed another Engineer to rectify the defect and opined that gas has been continuously discharging from those machines. The said problem was temporarily rectified by charging gas on those machines. The attending Engineer of OP-2 also opined that the motor of the AC machines are defective with an advice to agitate their grievance to proper authority. The warranty of those Air Conditioned Machines were going to expired on  01.02.2019 and the complainants requested the OPs for AMC  through online and the OP-2 received the said email dated  23.01.2019. OPs 2 and 4  refused to attend  any Engineer to short out the defect on the pretext that the warranty period has already been expired.

Having no other alternative, the complainants through email requesting the OPs to replace the  AC Machine or to refund the price of those machines. The said email was not attended. The entire action on the part of the OPs are illegal, arbitrary and the OPs have failed to perform their obligations. The act of the OPs are also unfair as despite payment of  consideration amount of the AC Machines. Thus, the OPs are jointly and severally responsible for guilty regarding deficiency in service and unfair trade practice. Hence, the complainants approached this Commission to direct the OPs to cure the defects of Air Conditioned Machines and/or alternatively, replace those machines of similar model and/or alternatively to refund the value of those machines with compensation and litigation cost.  

            Despite of service of notice, the OPs did not turn up to contest the case by filing WV. No request for condonation of delay or extension of time for filing WV is made. Therefore, the right of the OPs to file WV is closed.

In support of their case the complainant No. 2 Gaurav Rohira has tendered evidence through affidavit.

On perusal of the consumer complaint, evidence adduced by the complainant No. 2 with documents annexed thereto, it would reveal that by virtue of a registered Deed of Assignment dated 28.02.2018 between Shree Bajrang Land and Trading Co.  (Assignor), OP-3 and the complainants, the complainants obtained the lease hold property   being Apartment No. 102, Type-D, measuring about 1899 sq. ft. super build up area on the first floor of the building named Sunrise Heights at KMC  Premises No.  134A, Beliaghata Road, PS-Narkeldanga, Kolkata-700015 at a total consideration of Rs. 1,20,60,900/- for a period of 100 years. Thus, it goes to show that the complainants are in possession in respect of the first floor of the said  flat named “Sunrise Heights”  and OP-3 vide letter dated 01.01.2018 informed the complainant-2 regarding the installation of   Air Conditioning System consisting of five numbers Indoor Units and one number of Outdoor Unit with five numbers of remotes, commissioning report of five LG in duplicate and the period of warranty of those AC machines is to be commenced from 01.01.2018 to 31.12.2019 with a request to contact OP-1 for any query relates to AC system. Photocopies of emails goes to show that during warranty period of those AC Machines were not functioning properly and the Complainant No. 2 requested the OP-2 to rectify the defects. The authorized Engineers of OP-2 time to time rectified the defects as it reflects from the complaint petition. There is no dispute that the warranty period of those AC Machines have expired and during the warranty period, the Engineers of OP-2 rectified the defects. Complainants did not make any request for AMC of those AC Machines (indoor & outdoor) after expiry of warranty period. On account of expiry of warranty period, the OPs never directed to rectify the defect of the AC Machines and/or to replace the same and/or to refund the price of those AC Machines.  In that perceptive, when the complainants have failed to make any AMC after elapsed of warranty period, we are of the view that there is any deficiency of service or unfair trade practice on the part of the OPs. On evaluation of materials on record, it is quite evident that the complainants fail to establish their case of deficiency of service and unfair trade practice against the OPs.

In the result, the consumer case is dismissed ex parte against the OPs.

Thus, the Consumer Case being No.  139/2021 is disposed off.