DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

 Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Thursday, the 12^th  day of September 2024

CC. 269/2024

Complainant

Sajan Sebastian,

Nedumkanal (HO),

Alli (PO), Mukkom,

Kozhikode – 673 602.

Opposite Parties

1.              Manager,

Eham Digital,

Electronics and Home Appliances,

Thondayad, Kozhikode.

2.               Manager,

Hair Appliances India Pvt Ltd,

Building -1,

OKHLA Industrial Estate,

Phase –III, new Delhi – 110020.

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT                

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

On 10/11/2023 the son of the complainant Robinson Sajan purchased a Haier Inverter Air Conditioner for the use of the complainant. The purchase was made from the showroom of the first opposite party paying Rs. 28,800/-. The second opposite party is the manufacturer. But within a few weeks, the air conditioner ceased working. After repeated requests, a technician from the company came and repaired the air conditioner. Again within a few days, it ceased working. When he contacted the first opposite party, they informed that the product was not working properly because of summer season. The complainant was put to intense mental agony and monetary loss due to non-working of the air conditioner. Hence the complaint for replacement of the defective air conditioner with a new one, or in the alternative, to direct the opposite parties to pay a total sum of Rs. 50,000/- to him.

3. The opposite parties were set ex-parte.
4. The points that arise for determination in this complaint are;

1. Whether there was any deficiency of service on the part of the opposite parties, as alleged?
2. Reliefs and costs.

5. PW1 was examined and Ext A1 was marked.   
6. Heard.
7. Point No 1:   The grievance of the complainant is that the air conditioner manufactured by the second opposite party and sold to him by the first opposite party ceased working and the opposite parties have neglected to address his concerns over the same in spite of repeated requests. The prayer in the complaint is for replacement of the defective air conditioner with a new one which is working properly or else, to pay a sum of Rs. 50,000/- to him.
8. PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the tax invoice dated 10/11/2023.
9. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version and to contest the matter. The opposite parties have not adduced any evidence to disprove the averments in the complaint or to rebut the veracity of the document produced and marked on the side of the complainant. There is no contra evidence. The case of the complainant regarding deficiency of service on the part of the opposite parties stands proved.
10. The opposite parties are bound to repair / service the air conditioner and make it in a sound working condition or else, replace the same with a defect free one. Undoubtedly, the act of the opposite parties has resulted in gross mental agony and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 7,000/- will be reasonable compensation in this regard. The opposite parties are jointly and severally liable.
11. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.269/2024 is allowed.

b) The opposite parties are hereby directed to repair / service the air conditioner sold as per Ext A1 and make it in a sound working condition within 30 days of the receipt of copy of this order, or else, replace the air conditioner with a new one of the same description which shall be free from any defect. It is made clear that the complainant shall not be required to pay any charges for the said repair.    

c) The opposite parties are hereby directed to pay a sum of Rs. 7,000/- (Rupees seven thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.

d) The liability of the opposite parties shall be joint and several.

e) No order as to costs.

Pronounced in open Commission on this, the 12^th  day of September, 2024.

Date of Filing: 10/05/2024

                                Sd/                                                             Sd/-                                                          Sd/-                                     

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APPENDIX

Exhibits for the Complainant :

Ext A1 – Tax invoice dated 10/11/2023

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1  -    Sajan Sebastian   (Complainant).

Witnesses for the opposite party

NIL                         

                                                     Sd/                                                                Sd/-                                                          Sd/-                                   

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