BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.327 of 2021
Date of Instt. 23.09.2021
Date of Decision:23.05.2022
Mr. Paramjit Singh S/o Sh. Jaswant Singh R/O House No.28, National Park, Maqsudan, Jalandhar.
..........Complainant
Versus
1. Maheshwari Manufacturing Tools Co., Village Dhina, District Jalandhar, H. O. Milap Chowk, Jalandhar.
2. Voltas Limited, Head Office Address: Voltas House, Dr. Babasaheb Ambedkar Road, Chinchpokli, Mumbai-400033, Cont.022-66656666. Email ID:rajeshbhatia@voltas.com
3. Voltas Limited, A-43, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044.
4. Voltas Service Centre, 103/2 First Floor, Grover Colony, Dilbagh Nagar Extension, 120 ft. Road, Near Friends Gym, Jalandhar, Punjab-144002.
5. Voltas Customer Care, Toll free no.1860-5994-555, Email ID:vcare@voltas.com.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
Sh. Saurabh Sharma, Adv. Counsel for OPs No.1 to 4.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the OP No.1 is authorized agent of OPs No.2 & 3, which are doing the business of manufacturing and supplying of AC in different states of India and also doing the business in Jalandhar through OP No.1 in Jalandhar. OP No.4 is authorized service centre of attending the complainant and discharging repair service under the control of OPs No.2 & 3. OP No.5 is the customer care service provided for OPs No.2, 3 & 4. The complainant has purchased a Voltas AC, 1 ton split, having model No.123 DLX, at the cost of Rs.27,500/- including CGST & SGST from authorized retail outlet i.e. OP No.1 on 23.07.2021 and the product was paid for in cash and the same had been purchased by the complainant with his hard earned money, including complete installation charges vide invoice no.T/21-22/540 dated 23.07.2021. At the time of purchase of the said AC, OP No.1 specifically told the complainant that the brand Voltas is having much superior AC, than any other brand in the market and having a very efficient and quick network for service for maintenance and repairs with the parts/spares easily available in the market at any point of time. However, from the day of purchase i.e. from 23rd July, 2021, well within the warranty period, complainant started facing problem in the said AC, which was purchased from OP No.1. From the time of installation itself subsequent to the installation the technician required an OTP sent by the OP No.2, to complete the installation of the AC, the technician informed the complainant that the OTP had not generated due to some technical issue and because of that the installation could not be completed, complainant again called the toll free number 1860-5994-555 for the same, again to request for the OTP to able to complete the installation, but to the utter dismay to complainant, after putting in the freshly sent OTP also the installation could not be completed and the AC would not turn on, making complainant purchase of the AC totally futile. The very next morning of the purchase, complainant had to lodge a complaint about the faulty in AC as the OTP would not work and it would not switch on the AC and solve the purpose of purchasing an AC. Complainant was further provided a local number of the local Voltas Service Centre to resolve the problem, but to no avail. It is pertinent to mention here that only after various phone calls and finally on 28.07.2021 the AC became operational after a strenuous follow up for the product purchased out of the complainant’s hard earned money. To the utter dismay and shock, even after a long wait for 7 days just to be able to use the AC, that was purchased on 23.072021, there was a defect in the display. Complainant immediately again lodged a complaint to the OP No.1 to 4, about the same over the phone, it is pertinent to mention here that every time complainant lodged a complaint number or any sort of reference ID for the same, for reasons best known to OP. However, again OP went silent after this leaving client high and dry. Again after lodging of a number of complaints, it was only after 5 days, that a technician was assigned and visited to complainant’s home to check on the defective AC and informed that the display of the AC was defective and since the AC was covered under warranty, so the display would be replaced free of cost, but then again complainant wait for 3 days for the replacement of the display but the OP continued to maintain a totally indifferent and callous attitude towards complainant and did not bother to get any replacement done and went silent. Complainant frustrated by this attitude on the part fo the OP No.2, he again approached to OP No.2 on 28.07.2021 and requested for replacement of the AC unit, but to no avail also no complaint number was again provided to complainant. Finally only on 23.08.2021 the complainant got a call from one person by the name Prince saying that he has been assigned to change the display of the newly bought AC by the complainant, amounting to a purely callous attitude and also deficient service on both counts i.e. selling of a defective piece by allurement and also by not providing efficient service subsequently. The OPs have failed to provide the services to complainant till date and behaved in an unprofessional and unfair manner amounting to deficiency in service and unfair trade practice and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the total amount of Rs.27,500/- alongwith the interet @ 12% per annum from the date of purchase of AC till the date of actual releasing of the amount and further OPs be directed to pay Rs.2,00,000/- on account of mental tension, physical harassment and financial loss to the complainant and Rs.33,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, who filed joint written reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable against the OPs in its present form and same is liable to be dismissed. It is further averred that the complainant has got no locus standi to file the present complaint against OP No.1 to 4, hence is liable to be dismissed. The complainant has not come to this Commission with clean hands and has suppressed the true and material facts from this Commission, hence the complaint is liable to be dismissed. The complainant is stopped by his own act, conduct, omission and commission to file the present complaint and hence is liable to be dismissed. The true facts are that the complainant purchased the said AC at the cost of Rs.27,500/-. The installation of the above said AC was got done by the complainant from the third party due to which the warranty of the said AC was terminated as per the terms and conditions of Voltas Company. On merits, the factum with regard to purchasing of the AC is admitted and it is also admitted that the complainant filed a complaint on 23.07.2021, but the other allegations as made in the complaint by the complainant are categorically denied and lastly submitted that the complaint of the complainant is without merits and the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove his case, the complainant himself tendered into evidence his duly sworn affidavit of the complainant Ex.CA alongwith some documents Ex.C-1 to Ex.C-6.
5. In order to rebut the evidence of the complainant, the counsel for the OPs No.1 to 4 tendered into evidence affidavit Ex.OP-A alongwith some documents Ex.D-1 and Ex.D-2.
6. We have heard the complainant as well as learned counsel for the OPs and have also gone through the case file very minutely.
7. This fact has been admitted by the OPs that the complainant purchased a Voltas AC 1 Ton Split for Rs.27,500/- vide Ex.C-1 on 23.07.2021. It is also admitted that the complainant filed complaint for non working of AC on 23.07.2021 at 08:37 pm. It is alleged by the complainant that on 28.07.2021 the AC became operational after a strenuous follow up by the complainant. Thereafter, after seven days of the purchase of the AC, there was a defect in the display. Again the complaint was lodged, but he was never provided any complaint number or any ID. The complainant has further alleged that only after five days of the lodging of the complaint, the technician came and after checking the defective AC, he informed that there is a defect in the display and the same will be replaced free of cost, the product being under warranty, but the same was not replaced despite number of requests and complaints.
8. The OP on the other hand has alleged that the complainant got installed the AC from 3rd party, therefore, the warranty of the product was terminated as per the terms and conditions of the Voltas Company. The technician of the OPs visited the place of the complainant on 24.07.2021 and informed the complainant that only the display PCB is not working, otherwise the AC was fully functionable and there was no defect in the AC. He agreed to replace the PCB. OPs have submitted that no relief can be granted to the complainant as he has installed the AC from the 3rd party.
9. The purchase of the AC has been admitted. It has also been admitted that there was a defect in PCB of the AC after few days of the installation of the AC. It is also admitted that the complaint was lodged by the complainant. It is also admitted that the installation was got done from 3rd party. As per the allegations of the complainant, the OPs never came to install the AC, even the OTP sent by OP No.2 was never informed as the technician informed to the complainant that the OTP had not generated due to technical issue. Since none came to install AC, he had to get the same installed through 3rd person. The contention of the OPs is that the warranty was terminated as per the terms and conditions, is not tenable as in the bill i.e. Ex.C-1, there is no reference of the fact that once the installation is got done through 3rd party, the warranty would stand terminated. So, there is no such terms and conditions as alleged by the OP. OPs have not proved on record any document that the technician of OP ever went there to install the AC. The complainant made number of complaints as alleged by him and admitted by the OPs also, but no job sheet has been produced on record by the OP to show that the grievances of the complainant was redressed by the OP rather it has been admitted by the OP that there was a defect in PCB. The OP is a known Voltas Brand and having good reputation in the market. It cannot be presumed that the company like Voltas would give faulty product to its customer. The fault has been proved as the display was defective which came to the notice of the complainant after few days of its purchase. So, there is a clear cut deficiency in service and unfair trade practice on the part of the OPs and as such the complainant is entitled for the relief as claimed.
10. In the light of above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to refund the amount of Rs.30,000/- in total within 15 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work. This complaint could not be decided within stipulated time frame due to rush of work.
11. 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 Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
23.05.2022 Member Member President
