Complainant Shakti Kumar has filed the present complaint against the opposite parties U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to replace the  defective Air Conditioner with the A.C.  or to take back the defective A.C. and to refund full price of the same alongwith 12% P.A. interest from the date of purchase till its actual realization. Opposite parties be further directed to pay Rs.50,000/- as compensation on account of mental agony, physical harassment and  deficiency in service on the part of the opposite parties alongwith Rs.10,000/- as litigation expenses, in the interest of justice.

 2.        The case of the complainant in brief is that he purchased Blue Star AC as per advice of opposite party no.1 for Rs.30,800/- vide invoice/bill dated 15.08.2020 which is defective one on account of manufacturing defects and the same is giving troubles to him from the day of its installation. Cooling of the AC is very less/poor and even there are number of other defects in the same. He lodged complaint to this effect within 20 days from the purchase of abovesaid A.C.  On this the representatives of the opposite parties came to his house, serviced the product and also filled Gas in the A.C. but there was no improvement and cooling of the A.C. remained very less. He lodged complaints time and again but of no use. As per advise of the opposite party no.1 and 2 he also lodged complaints with the opposite party no.3 who is authorized Care Centre of the opposite party no.1 & 2 and mechanics of opposite party no.3 also tried their best but all in vain. Ultimately in September 2020, the mechanics of the opposite party told him that now weather is changed, so they will check the same in the next summer season. In the current summer season, cooling of the abovesaid AC remained very less. So he again reported the matter to the opposite parties but to his utter surprise, the representative of the opposite parties tried to put the matter with lame and unjustifiable excuses that the AC is fitted on Ist Floor, size of AC is less, whereas at the time of purchasing the AC, the opposite party no.1 told him that 1 Ton AC is sufficient for a room size of 90 Sq. Feet, whereas the room in which he had installed AC is just 70-75 Sq.Feet. He lodged complaints time and again and the mechanics of the opposite parties visited his house number of times and tried their level best to remove the defects, but of no use. The opposite parties are liable for making the A.C. use worthy or for replacement of the defective AC with new one.  Hence this complaint.

 3.       Notice issued to opposite party no.1 had not been received back. Period of 30 days had already been elapsed. Presumption can be drawn that opposite party no.1 had been served but it was intentionally evading the service of the notice. Case called several times, but none had appeared on behalf of opposite party no.1. Hence, opposite party no.1 was ordered to be proceeded against exparte vide order 22.9.2021.

4.       Notice of the complaint was issued to the opposite parties. Opposite parties no.2 & 3 appeared through their counsel and filed their written reply taking the preliminary objection that the complaint is not maintainable. On merits, it was submitted that the A.C. was in order and successfully installed and there was no any manufacturing defect. However, some minor defects were resolved on the call of the complainant which is the part and parcel of the routine service provided by the company in warranty period. It was next submitted that the technician/service personnel of the company properly checked the A.C. and provided services as and when asked for by the complainant with his utmost satisfaction and same was found to be in order.  Even after filing of the present complaint, the company has contacted the complainant and offered to check the A.C. but he refused the same and threatened to see in Court.  It was further submitted that the opposite party is not liable for replacement of the AC as there is no defect in the AC and it has provided its services as and when required and resolved the minor issues. The A.C. is in working condition and there is no defect in AC as alleged by the complainant. However, the OP is ready to resolve any minor issue as already offered but complainant refused. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

5.       Alongwith the complaint, the complainant has filed his own affidavit Ex.CW-1/A alongwith documents Ex.C-1 to Ex.C-4.

6.    Alongwith the written statement, opposite parties no.2 & 3 filed affidavit of Sh.Chetan Sharma Ex.OPW-2,3/A alongwith other documents Ex.OPW/1 and Ex.OPW/2.

7.       Rejoinder filed on behalf of complainant.

8.       Written arguments not filed.

9.        We have carefully gone through the pleadings of counsel for the parties, oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the parties for the purposes of adjudication of the present complaint.

10.       In the present complaint, complainant purchased one A.C. of 1 ton capacity from Mahajan Watch and Radios vide bill Ex.C-1 for Rs.30,800/-. Complainant faced problem with regard to cooling of A.C. and reported the matter to opposite party on the 20th day of its purchase. Opposite party on their part deputed mechanic to resolve the problem of A.C. desptie repeatedly attending the problem of the A.C. the same was not fully resolved to the satisfaction of the complainant.

11.     After hearing the parties at length and after perusing file in detail we are of the considered opinion that complainant has a genuine grievance which needs to be redressed. Finding merit in the present case we are allowing the complaint.

12.     In view of the aforesaid discussion, considering facts and figures of the case, the present complaint is partly allowed and opposite party is directed to replace A.C. with a new one of same capacity and similar features within a period of 45 days. Opposite party is further directed to pay Rs.5,000/- as harassment and litigation expenses to the complainant within 45 days of the issue of order or with 6% interest till its realization.

13.         The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

14.    Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                  

                                                                       (Naveen Puri)

                                                                            President   

Announced:                                                   (Ragbir Singh Sukhija)

NOV. 17, 2022                                                    Member

*MK*