Delhi

North East

CC/187/2016

RAM MEHAR - Complainant(s)

Versus

MAHESHWARI CO. - Opp.Party(s)

21 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 187/16

 

In the matter of:

 

	Shri Ram Mehar Singh B-27, Main Nala Road Bhagirathi Vihar, Delhi 110094	Complainant
	Versus
1         2       3	M/s Maheshwari & Co. A-8, Brijpuri, Near PNB ATM Wazirabad Road, Opp. Yamuna Pusta Delhi 110094   M/s Vishal Home Care A-8, Gali No. 2, North Chajjupur, Shahdara Delhi 110094   M/s O-General 221 First Floor, Okhla Indl. Area Delhi 110020	Opposite Parties

 

	DATE OF INSTITUTION:	28.07.2016
	RESERVED FOR ORDER:	20.08.2018
	DATE OF DECISION:	21.08.2018

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member:-

ORDER

1. The complainant had submitted that he had purchased one Split Air Conditioner of O-General Brand (manufactured by OP3) of capacity 1.5 Ton from OP1 (authorized dealer) on 17.08.2014 for an amount of Rs. 49,500/- vide bill no. 698. However, the above mentioned AC stopped working after some time for which the complainant lodged a complaint with OP2 (Service Centre of OP3) on 05.08.2015 with the complaint of low gas in the AC. In response to complaint dated 05.08.2015, a service engineer of OP3 from OP2 service centre visited the premises of complainant and filled the gas in the AC in question.  But the said AC stopped working again after a week and he had lodged a complaint again on 13.08.2015 for no cooling in the AC due to low gas. In response of complaint dated 13.08.2015, the service engineer of OP2 visited again and took the AC unit for repair. It was told afterwards that the cooling coil of the AC is spoilt and the service engineer had fitted an old coil. It was further stated by the engineer that the guarantee of the unit had expired and therefore the AC was not working properly and no future warranty service shall be provided to the complainant by OP2 and OP3. Thereafter, it has been submitted by the complainant that the AC again stopped working and he had again registered a complaint on 19.07.2016 vide complaint no. DEL11607190217 with OP2 for low gas but he did not get any satisfactory reply from OP2 despite making several contacts. Therefore, he was constrained to file the present complaint before this Forum and has prayed to this Forum to direct the OPs to replace the above AC immediately and to grant compensation of               Rs. 1,00,000/- for mental agony caused to him by the act of OPs. The complainant had attached a photocopy of retail invoice bearing no. 698 dated 17.08.2014 issued by OP1 in respect of above purchase of O General Split AC (18FFTA) (Sl. No. T004993/ T005829) for an amount of Rs. 49,500/- and it is clearly mentioned in the invoice that no claim would be entertained by OP1 and the purchaser had to make complaint to the company concerned, address of which was mentioned on the back side of bill and further the complainant had to note the complaint number and in case no mechanic reports to the complainant within three days, the concerned company may be enquired about the action taken as the unit and warranty card belongs to the company and the whole responsibility of the warranty lies with the concerned company and the goods purchased will not be accepted back by OP1. A copy of receipt no. 3332 dated 17.08.2014 issued by OP1 in favour of complainant for an amount of Rs. 1500/- has also been attached towards the installation charges of the above said A.C. alongwith address of OP2 (Service Centre).
2. Notices were issued to OPs on 28.07.2016 for appearance in the Forum on 31.08.2016 and the same were delivered to all the OPs. OP1 appeared on the said date and was handed over copy of complaint alongwith annexures. Further, OP1 filed its reply wherein it admitted through its proprietor of having known the complainant as its consumer by having purchased the split AC in question and requested the Forum to register his presence only and there was no defence taken in the said written statement. After that, OP1 did not file any other document in its defence and as such was proceeded against ex-parte vide order dated 20.11.2017. Earlier, OP2 and OP3 failed to appear and as such were proceeded against ex parte vide order dated 22.11.2016.
3. Complainant had filed rejoinder in reiteration of his grievance in the complaint and prayed for either replacement of the defective AC or refund of value of the AC alongwith installation charges Rs. 1500/- paid to OP1 and Rs. 50,000/- towards mental harassment. In the evidence and written arguments filed by the complainant, the complainant prayed for directions to the OPs to repair the AC with new part or replacement thereof with a new one alongwith compensation of Rs. 1,00,000/- for mental, physical and financial torture.     
4. We have heard the oral arguments addressed by the complainant and have also gone through the evidence by way of affidavit submitted by him. The complainant had not placed on record any jobcard of repairs of the AC or gas filling receipts issued by OP2 on 05.08.2014 and 13.08.2014 and when asked by this Forum for the reason, the complainant submitted that he was never given any invoice / bill / receipt of the same by OP2. However OPs fail to appear to counter the allegation of the complainant or put forth their respective defence.  Accordingly, we are of the view that in the absence of any rebuttal by the OPs, the complainant has succeeded in establishing a case of deficiency in service on the part of all the OPs (OP1 , OP2 and OP3) in handing over a defective AC to the complainant and failing to redress the grievance of the complainant when the same went in state of deficiency in service-repairs / dys-functionality repeatedly within one year of purchase.

We therefore direct all the OPs jointly and severally that they should refund the amount of Rs. 51,000/- to the complainant as well as to pay an amount of Rs. 10,000/- towards the compensation for the mental and physical harassment caused to the complainant. Besides, the above, OPs are directed to make a payment of Rs. 5,000/- towards the litigation charges within a period of 30 days from the receipt of this order failing which all the OPs jointly and severally shall also pay the interest @9% p.a. on the total awarded amount i.e. Rs. 66,000/- from the date of this order till its realization.

5. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6. File be consigned to record room.

(Announced on 21.08.2018)         

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member