BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.196 of 2017
Date of Instt. 29.06.2017
Date of Decision: 11.07.2018
Kiran Bala Saini Wife of Gopal Krishan Saini R/o H. No.126, Sunshine Avenue, Backside GNDU Regional Campus, Ladhewali, Jalandhar, Punjab.
..........Complainant
Versus
1. Lucky Electronics Authorized Dealer: LG., Onida, Samsung, Whirlpool, IFB, Philips etc. Electronics & Electrical Goods. Ladhewali Road, Near Railway Crossing, Jalandhar.
2. TATA Voltas Products, Toll Free No.18004254555 address 29, baba budai Nagar, 120 Foot Road, Jalandhar.
3. Voltas Limited Voltas House 'A' Block Dr. Babasaheb Ambedkar Road Chinchpokli Mumbai 400033.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Harvimal Dogra (Member)
Present: Complainant in person.
Sh. Saurabh Sharma, Adv Counsel for the OP No.1 to 3.
Order
Harvimal Dogra (Member)
1. This complaint is presented by the complainant Kiran Bala under 'Consumer Protection Act, 1986' against the OPs, on the allegations of deficiency in service and unfair trade practice.
2. The brief facts of the complaint are that the complainant has bought a Voltas AC of Rs.33,000/- from the OP No.1, vide Invoice/Receipt No.451 dated 23.06.2016. After few days of the installation of the Voltas AC, it started giving unusual sound. The complainant reported the matter to the company through the Toll Free No.1800-425-4555 & 1800-266-4555. The Voltas AC representative visited the complainant house and stated that it is the new model introduced recently by the company, so, it was giving the unusual sound. Moreover, the Voltas AC has one year warranty. The complainant further stated that Voltas AC was installed in the end of June. After two months, the said AC was closed for six months and was not in used, it again came in use in the month of April 2017. It again started giving sound problem. Again the complainant lodged a complaint. The company service engineer Mr. Sanjiv visited and stated that the Lock I AC has been broken and it has to be replaced. The complainant made number of complaints and representative of the company Mr. Sanjiv opened the AC unit and stated that the internal body lock is also damaged and it needs to be changed. The lock I AC, it was replaced, but it again started giving sound problem. This problem was reported to the Area Manager, Mr. Ankush Arora, who assured that the defective parts will be replaced when the same will be received from the Voltas Company Store. After three weeks period, the company has taken no action for its replacement. So, the complainant again filed a fresh complaint on Toll Free No.1800-425-4555. The company representative visited and verified the problem, but he did not open the AC and simply took the photographs of the installed AC and message was passed to mobile No.94632-06070 that your problem has been resolved. Again a complaint was made through toll free No.1800-425-4555. Mr. Sanjiv, Area Manager again visited the site along with Lucky Electronics representative, they checked the AC and stated that PCB Box of the AC was broken. Mr. Sanjiv being the company representative agreed to give the extended warranty unofficially, but it was given verbally and not in written. On 16.06.2015, the husband of the complainant visited OP No.1, who assured that the damaged part will be replaced by the company. The complainant further stated that two months has been passed, but still OPs have not repaired the AC nor any part is replaced. Further, the complainant made a prayer that the AC in dispute was installed on 23.06.2017 and the lock of the AC was damaged, but it was replaced by the OPs, but later on, the plastic PCB box was also found damaged, but it was not replaced. So, according to the complainant there is a manufacturing defect in the AC and the company representative has mishandled the AC, so, the OPs may be directed to do the needful and the OPs may also be directed to pay the compensation, to the tune of Rs.75,000/-.
3. After the formal admission of the complaint, notice was issued to the OPs and accordingly, OPs No.1 to 3 appeared through its counsel and filed its joint written reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable in the present form and the same is liable to be dismissed. It is further averred that the complainant has got no locus standi to file the present complaint, hence, the same is liable to be dismissed and further submitted that the complainant has not come to this Forum with clean hands and has suppressed the material facts from the Forum, hence the complaint is liable to be dismissed. It is further averred that the complainant is estopped by his own act, conduct, omission and commission to file the present complaint and the same is liable to be dismissed. The true facts are that complainant had purchased AC Voltas 183 CYL on 23.06.2016 and installed the same on the next day of its purchase. He used the same for the entire summer session since June 24th onwards. In the first week of April 2017, the complainant again started using the said AC as per her version. On 08th May 2017, the complainant made a complaint with the observation that the said AC is giving sound. On that complaint, the company representative repaired the same by filling gas and the unit was in a good working condition. The complainant again made complaint bearing complaint No.17060204601 in which the remarks were given that due to power fluctuation, losing wire connection of PCB. The representative of the OP again repaired the same and made it in good functional condition. During this the plastic PCB Cover was found by the representative as broken who intimated about the same to the complainant and the complainant accepted that it was broken by him while setting the same after its installation. But on the other hand, the AC is functioning in a very good condition without any noise or fault. The complainant is making complaints in order to harass the company representative under some ulterior motive. Moreover, it is pertinent to mention here that the husband of the complainant also laid threat to implicate the representative of the OPs in some false complaint/case and they will have to pay compensation along with new AC Unit (Internal) even after the expiry of warranty period. The complaint was contested on merits on the same lines as were taken in the preliminary objections and the other allegations of the complainant were categorically denied and lastly submitted that the complaint of the complainant is without merits and the same may be dismissed.
4. In order to prove the case of the complainant, the complainant herself tendered into evidence her duly sworn affidavit Ex.CA along with some documents Ex.C-1 to Ex.C-3 and further tendered an other affidavit Ex.CB and then closed the evidence.
5. Similarly, counsel for the OP No.1 to 3 tendered into evidence affidavit of Ankush Gupta, Area Service Manager as EX.OP/A and affidavit of Sanjeev Kumar, Sr. Technician of Voltas Ltd., as Ex.OP-B along with some documents Ex.OP-1 to Ex.OP-3 and then closed the evidence.
6. We have heard the complainant in person as well as counsel for the OP No.1 to 3 and have also gone through the case file very minutely.
7. The complainant contested the case by stating that she has purchased one AC from OP No.1 on 23.06.2016 for amounting to Rs.33,000/-, vide bill Ex.C-1. After few days of installation of the Voltas AC, it started giving unusual sound. Many complaints were made and the list of complaints are Ex.C-2. When the company representative visited, he found that Lock I AC was broken, but later the said lock was replaced. Then the company representative found that one PCB Lock was also broken and it needs to be changed. The unusual sound again started coming from the replaced lock. The complainant further stated that the PCB Box, which was broken, is due to mishandling done by the company representative and there is a manufacturing defect in the AC.
8. On the other hand, OPs stated that they had repaired the AC and make it functional, but they have also noticed that the plastic PCB cover was broken. OPs further stated that the AC is working in a good condition.
9. After going through the record of the case, evidence and documents produced on the file by the parties, we find that complainant has pleaded that there is a manufacturing defect in AC and its plastic PCB lock is broken and AC also give a loud sound. We are of the view that the manufacturing defect is always proved by way of adducing expert evidence. In the absence of any manufacturing defect report on record, it is held that the manufacturing defect is not proved by the complainant.
10. On the other hand, OPs have produced on the file an affidavit of Sanjiv Kumar Ex.OP-B, who is a senior technician and he has stated that one plastic PCB lock was broken, but the AC was working properly and there is no defect in AC. The sound, which is coming from the AC is a normal AC sound.
11. In the light of above detailed discussion, the complaint of the complainant is partly accepted with the direction to the OPs to repair the PCB Box cover and make the AC in question functional. The OPs are further directed to pay a compensation of Rs.15,000/-, to the complainant on account of harassment. The aforesaid compliance be made within one month from the date of receipt of the copy of order, failing which the OPs will be liable to pay 12% interest on the amount from the date of filing complaint, till realization. This complaint could not be decided within stipulated time frame due to rush of work.
12. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Harvimal Dogra Karnail Singh
11.07.2018 Member President
