Haryana

Kurukshetra

124/2017

Punit Aggarwal - Complainant(s)

Versus

Mahavir Elec - Opp.Party(s)

Ashwani Goel

19 Apr 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.124 of 2017.

                                                     Date of institution: 18.06.2017.

                                                     Date of decision:19.04.2018.

Punit Aggarwal son of Sh. Baldev Raj, resident of House No.4108, Shushant City, Thanesar, District Kurukshetra.

                                                                        …Complainant.

                        Versus

1. Mahavir Electrical Company, 27, Arya Samaj Market, Railway Road Kurukshetra through its proprietor/partner.
2. Dalkin Airconditioning India Private Limited, SCO No.14-15, Sector 9D-Chandigarh-160009.

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.

Present:     Sh. Ashwani Goel, Advocate, for the complainant.   

                Sh. Rajender Singh, Advocate for the OP.No.1.

                Op No.2 exparte.

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Punit Aggarwal against Mahavir Electrical Co. and another, the opposite parties.

2.            It is stated in the complaint that the complainant purchased one Air Conditioner make Dalkin bearing model No.FTKK50RRV16 from the Op No.1 for a sum of Rs.44,000/- vide bill No.3169 dt. 28.06.2016.  It is alleged that from the very beginning, the aforesaid A.C. was not giving proper cooling as ice used to collect on the Radiator.  The complainant intimated the Op No.1 about the improper working of the A.C. through e-mail and through messages but the Op No.1 did not take any action.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to replace the A.C. with the new one and further to pay Rs.50,000/- as compensation for harassment and mental agony as-well-as Rs.5500/- as litigation charges. 

3.            Upon notice, the OP No.1 appeared before this Forum, whereas Op No.2 did not appear and opted to proceed exparte vide order dt. 23.08.2017.  Op No.1 contested the complaint by filing their reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; estoppel; that the answering Op is only the seller and not the manufacturer of the A.C. purchased by the complainant and is not liable for any latent and patent defect in A.C.  There is no deficiency in service on the part of Op.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

4.             Both the parties have led their respective evidence to prove their version.

5.             We have heard the ld. Counsel for both the parties and perused the record carefully.

6.             From the cash memo, it is made out that the A.C. in question was purchased on 28.06.2016 for the sale consideration of Rs.44,000/-.  From the record, it is clear that the A.C. in question became defective within the guarantee period.  The complainant has supported his versions by filing his affidavit, Ex.CW1/A and documents Ex.C1 to Ex.C10.  In these circumstances, the complainant is entitled to get it replaced with the new one from the Op No.2, who is manufacturer of A.C. in question.

7.            In view of our above said discussion, the complaint of the complainant is allowed and we direct the OP No.2 to replace the A.C. of the complainant with the new one of the same model.  The complainant is directed to deposit the old A.C. with bill and accessories with the service center of the company.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party No.2.  Copy of this order be communicated to the parties free of cost.  File be consigned to record after due compliance. 

Announced in open court:

Dt.:19.04.2018. 

                                                                        (G.C.Garg)

                                                                        President.

 

(Kapil Dev Sharma)         

                                        Member