Chandigarh

DF-II

CC/196/2018

Gurcharan Singh - Complainant(s)

Versus

Lloyd Electric & Engineers Ltd. - Opp.Party(s)

Adv. Anjali Moudgil

03 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	196/2018
Date of Institution	:	02.04.2018
Date of Decision	:	03.08.2018

 

                                       

                                               

Gurcharan Singh s/o Sh.Amar Singh r/o Sadhu Nagar, Gali No.4, Dera Bassi.

                                ...  Complainant.

Versus

 

1.     Llyod Electric & Engineers Ltd., Plot No.2, Industrial Area, Kalkaji New Delhi-110019 through its Managing Director.

 

2.     Llyod Electric & Engineers Ltd., Plot No.167, Industrial Area, Phase-I, Chandigarh through its Service Incharge.

 

3.     Guru Kirpa Air Conditioners, New Defence Colony, Utrathiya Zirakpur, Punjab-140603.

 

4.     M/s Azad Sound Service, Main Bazar, Dera Bassi, Tehsil Dera Bassi, District SAS Nagar (Mohali) through its Authorized Signatory.

…. Opposite Parties.

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by

                Ms.Anjali Moudgil, Adv. for the complainant

                Sh.Arun Bansal, Adv. for OPs No.1 to 3.

                OP No.4 exparte.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the complainant purchased one Split Air Conditioner  of OPs No.1 to 2 from OP No.4 vide invoice dated 23.06.2013 for Rs.30,500/, having 5 years warranty for compressor and one year of the indoor unit.  The AC in question stopped working just after two years and he lodged the complaints with the OPs  on 16.04.2016 & 02.05.2016 after which the technician of OPs No.1 and 2 repaired the compressor and raised the bill of Rs.3300/-  but he refused to pay the same as he was apprehension that the AC would work properly.  However, the AC did not work properly despite necessary repairs.  Subsequently, he lodged various complaints as mentioned in para 7 of the complaint but all went in vain.  It has further been averred that the technician of OPs visited the premises on 04.05.2017 in pursuance of the complaint made on 01.04.2017 and made necessary pairs and after that the AC started working properly for some time. However after few hours, the AC started giving trouble again for which he made several requests to the OPs for getting it repaired.  Finally, he got served a legal notice dated 05.08.2017 requiring the OPs to replace the same, to which he received a vague and baseless reply dated 05.08.2017. It has further been averred that there is some manufacturing defect in the AC.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Despite due service through registered post, the OP No.4 failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 10.05.2018
3.         During the pendency of the complaint i.e. 13.06.2018, OPs No.1 to 3 showed their willingness to repair the AC in question and as such an opportunity was afforded to them to repair the AC in question.  On 27.07.2018, the counsel for the complainant states that the AC in question stands repaired and the same is working properly.  He stated that the complainant be awarded compensation for harassment and mental agony suffered by him.
4.         The grievance of the complainant has been redressed by OPs No.1 to 3 only after filing of the instant complaint before this Forum and, therefore, we are of the considered that he is required to be compensated for the harassment and mental agony undergone by him. Had OPs No.1 to 3 redressed the genuine grievance of the complainant before filing of the complaint then the position certainly would have been different but they failed to do so.  However, keeping in view overall facts and circumstances of the case, we are of the considered view that the ends of justice would be met if he is awarded a lump sum compensation of  Rs.4,000/-.
5.         For the reasons recoded above, the complaint is disposed of with a direction to the OPs to pay a lump sum compensation of Rs.4,000/- to the complainant.  This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which the awarded amount shall carry interest @9% per annum from the date of this order till its realization.
6.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

03.08.2018 

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER