Haryana

Bhiwani

CC/162/2021

Ram Chander - Complainant(s)

Versus

Mahender ele. - Opp.Party(s)

Abhisek lamba

20 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                  Consumer Complaint No. : 162 of 2021

                  Date of Institution             : 27.08.2021

                                                           Date of Decision               : 20.02.2024

 

 

Ram Chander son of Sh. Jai Lal R/o village Chang, Tehsil and District Bhiwani.

 

          ……Complainant.

 

Versus

 

1. M/s Mahender Electronics, Hansi Road, Opposite Union Bank, Halwasiya Mall, Bhiwani, Tehsil and District Bhiwani.

 

2. Videocon Pvt. Ltd., Fort House, 2^nd Floor, 221, Dr. D.N. Road, Fort Mumbai-400001 (India).

 

3. S.K. Service Center, Radhika Complex, Shop No.14, Park Colony, Vijay Nagar, Near Vishal Mega Mart, Bhiwani, Tehsil and District Bhiwani, authorized service center of company through its authorized signatory.

 

….. Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Abhishek Lamba, Advocate for complainant.

         Sh. Hukam Singh Panwar, Advocate for OP No.3.

         OP No.1 exparte vide order dated 12.06.2023.

         OP No.2 given up vide order dated 05.09.2023.

 

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant purchased two  air conditioners on 14.03.2017 from OP No.1 in a sum of Rs.71,000/- having guarantee for five years for all defects. Complainant has alleged that one air conditioner not worked properly. So, complainant approached OP No.2 on 30.05.2021, upon which, technician of OP told that compressor of air conditioner is not working properly and to this effect, the technician registered a complaint for replacement of compressor and he also demanded Rs.500/- for this, which was paid by complainant.  OP No.1 was also apprised about the defects but of no avail.  Complainant got served a legal notice dated 27.07.2021 upon the OPs but of no solution. Hence, the present complaint has been preferred alleging deficiency in service on the part of OPs which caused monetary loss and harassment to the complainant. As such, complainant has sought directions against the OPs to pay Rs.35,500/- as cost of air conditions alongwith interest.  Further to pay Rs.50,000/- as compensation for harassment besides Rs.22,000/- towards cost of litigation. Any other relief to which this Commission deems fit has also been sought.

2.                 Upon notice, OP No.1 filed written statement raising preliminary objections qua locus standi, cause of action, maintainability and mis-joinder of necessary parties.  Further, it has been submitted that answering OP is mere a retail dealer of OP No.2 company and thus has no liability of warranty of the products which manufactured by the company. It has been submitted that the product was purchased on 14.03.2017 and thus warranty of one year had already expired on 13.03.2018 whereas the defect in the air conditioners was reported to OP on 30.05.2021 i.e. after a lapse of 4 years. The warranty period of one years has specifically mentioned in the bill of the product. In the end, denied for any deficiency in service on its part prayed for dismissal of the complaint.

3.                 OP No.3 filed its written statement raising preliminary objections qua maintainability of the complaint, locus standi, mis-joinder and non-joinder of necessary parties and suppression of true and material facts. Further it is submitted that the answering OP was authorized service center of OP No.2 company through Take Care Company upto the month of March 2017 only and thereafter, this OP has no concern or connection whatsoever with the service of OP No.2 company. It is submitted that Op No.3 did not receive any complaint or intimation of air conditioner as alleged. Thus the answering OP has been impleaded being unnecessarily.  In the end, prayer has been made for dismissal of the complaint with costs.

4.                 Learned counsel for complainant tendered in evidence affidavit of complainant as Ex. PW1/A alongwith Ex. C-1 to Ex. C-8 and then closed the evidence.

5.                 On the other side, affidavit Ex. RW1/A of Sh. Sunil Jangra authorized signatory of OP No.3 was filed and closed the evidence.

6.                 We have heard learned counsels for the contesting parties and perused the record minutely.

7.                 At the outset, the grievance of the complainant is that one Air Conditioner, out of two purchased from OP No.1, became defective allegedly within its warranty period of five years. But despite approaching the OPs and their service center many times, defects from the AC in question could not be rectified nor its compressor was replaced.  Thus learned counsel for complainant has argued that the AC was having some manufacturing defect which could not be rectified by the technician of OPs, as such, the Ops are liable to replace the AC in question and also OPs are liable to pay compensation for harassment and other expenses.

8.                 On the other hand, learned counsel for OP No.3 has argued that it was authorized service center of OP No.2 till March 2017. However, the problem in the product was occurred on 30.05.2021 i.e. after a lapse of more than four years of its purchase. This OP has never received any complaint qua the alleged air conditioner. As such, learned counsel for OP No.3 has argued that the complaint qua this OP may be dismissed with heavy cost upon the complainant.

9.                 Learned counsel for complainant to prove the case has placed on record copy of purchase bill of the Air Conditioner (Ex. C-1) and that the AC was having some defects has placed on record copy of complaint dated 30.05.2021 (Ex. C-6). Complainant side has also placed on record a complaint dated 14.06.2021 qua defect in compressor of the AC and thereafter some chats in this regard on 27.06.2021, 30.06.2021 and 10.07.2021. During the course of arguments, learned counsel for complainant has placed on record a document which taken on record as Mark-X, it reveals that warranty for the compressor of Air conditioner of Videocon company is for five years.

10.               After hearing learned counsel for the contesting parties and going through the record, it is observed that the air conditioner of complainant became defective within its warranty period.  Therefore, the OPs were bound to make the air conditioner defect free but they failed to do so despite making various complaints to them.  In view of the above, we are of the considered opinion that the OPs No.1 & 2 being seller and manufacturer of the product, respectively, are deficient in providing proper services to the complainant which caused mental agony, physical harassment as well as monetary loss to the complainant. Accordingly, the complaint is allowed and the OPs No.1 & 2, jointly and severally, are directed to comply with the following directions within 40 days from the date of order:-

1. To replace compressor of the air conditioner with new one and to make the AC defect free, in proper working condition.
2. To pay Rs.5,000/- (Rs. Five thousand) on account of harassment suffered by complainant(s) at the hands of OPs.
3. To pay Rs.5500/- (Rs. Five thousand five thousand) as litigation expenses.

                    In case of default, the OPs concerned shall liable to pay simple interest @ 12% per annum on the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of the order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance. 

Announced.           

Dated: 20.02.2024