Punjab

Faridkot

CC/16/144

Avtar Singh - Complainant(s)

Versus

Manager National Sales Corporation - Opp.Party(s)

Parmjeet Singh

21 Jul 2016

ORDER

        DISTRICT  CONSUMER  DISPUTES  REDRESSAL  FORUM,  FARIDKOT

 

Complaint No. :        144

Date of Institution :   24.05.2016

Date of Decision :     21.07.2016

 

Avtar Singh s/o Sh Narinder Singh r/o Village Araian Wala, District Faridkot.

   .....Complainant

Versus

1. Manager National Sales Corporation, Railway Road, Kotkapura.

2. Thind Engineer, Voltas, B D O Market, Shop No. 7 and 8, Ferozepur City.

                                       ....Opposite Parties(Ops)

   Complaint under Section 12 of the

   Consumer Protection Act, 1986.

    

   Quorum:     Sh. Ajit Aggarwal, President.

   Sh P Singla, Member.

   Present:       Sh Paramjit Singh, Ld Counsel for complainant,

   OPs Exparte.

    

   (Ajit Aggarwal , President)

                                                Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to Ops to repair the AC and make it work properly and for also directing Ops to pay Rs.50,000/- as compensation for mental agony and harassment etc and Rs. 5,000/-as litigation expenses.

   2                                          Briefly stated, the case of the complainant is that complainant purchased one ton split AC of Voltas Company from OP-1 on 27.04.2011 vide bill no. 203. Guarantee for the compressor was for 5 years. In June-July, 2015, said AC got out of order and did not give proper cooling and then, complainant informed both OP-1 and 2 about this fact, but they did not redress his grievance and complainant had to spend whole summers without air conditioner. Complainant again lodged complaint regarding this with Company as compressor was still under guarantee and on his complaint, employees of Ops visited his place on 20.01.2016 and issued bill for Rs.2,880/-for filling  gas and for some extra expenses, though compressor was still under guarantee period. Complainant had to pay the said bill under compelling circumstances. Now, same defect has again occurred in AC and it does not give cooling and complainant complained about this defect to OPs, who sent their mechanics. Said mechanics told complainant that gas pipes of AC are not clean and after cleaning the same, gas will again have to be filled and it would cost Rs.2,200/- i.e Rs.1,800/-for filling the gas and Rs.400/-as their labour. All this amounts to deficiency in service on the part of Ops as Ops should have cleaned the pipes properly at the time of change of compressor, which they did not do and made the complainant to suffer. Complainant also issued notice dt 13.05.2016 to OPs, but Ops did not bother to give any reply. Complainant has suffered huge harassment and mental tension due to this act of OPs, which amounts to deficiency in service and trade mal practice on the part of OPs. Complainant has prayed for seeking direction to Ops to pay Rs 50,000/- as compensation for mental agony and harassment etc  and Rs.5,000/- as litigation expenses besides the main relief. Hence, the complaint.

   3                                             The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 25.05.2016, complaint was admitted and notice was ordered to be issued to the opposite party.

   4                                             Notice was issued to OP-1 and OP-2 through registered post, but even after expiry of statutory period, no body appeared in their Forum on date fixed on behalf of OPs either in person or through counsel, therefore, both OP-1 and 2 were proceeded against exparte vide order dt 17.06.2016 and 30.06.2016 respectively.                                      

   5                                                Parties were given proper opportunities to lead evidence to prove their respective pleadings. The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to 6 and then, closed the evidence.

   6                                           As there is no rebuttal from Ops side, therefore, ld counsel for complainant addressed exparte arguments. We have heard the ld counsel for complainant and have carefully gone through the evidence and documents produced by complainant party.

   7                                         Ld Counsel for complainant argued that complainant purchased one ton split AC of Voltas Company from OP-1 on 27.04.2011 vide bill no. 203 having guarantee for the compressor for 5 years. In June-July, 2015, said AC was not working properly and did not give proper cooling and then, complainant informed both OP-1 and 2 about this fact, who did not redress his grievance and complainant had to spend whole summers without AC. Complainant again got registered his complaint regarding this non cooling of AC with Company as compressor was still under guarantee and on his complaint, employees of Ops visited his place on 20.01.2016 and issued bill for Rs.2,880/-for filling gas and for some extra expenses, though compressor was still under guarantee period. Complainant had to pay the said bill under compelling circumstances. Now, same defect has reoccurred in AC and it does not give cooling and complainant complained about this defect to OPs, who sent their mechanics. Mechanics of OPs told complainant that gas pipes of AC are not clean and after cleaning the same, gas will have to be filled again and it would cost Rs.2200/-i.e Rs.1,800/-for filling the gas and Rs.400/-as labour charges. It is further contended that Ops should have cleaned the pipes properly at the time of change of compressor, which they did not do and made the complainant to suffer. Complainant also issued notice dt 13.05.2016 to OPs, but Ops did not bother to give any reply. Several requests made by complainant to Ops to repair the said AC, bore no fruit and complainant has suffered great harassment and mental tension due to this act of OPs, which amounts to deficiency in service and trade mal practice on the part of OPs. Prayer for accepting the present complaint is made. He has stressed on documents Ex C-1 to 6.

   8                                             The case of the complainant is that he purchased an Air Conditioner from Ops, which did not give proper cooling. Complainant complained about this defect to OPs, who did not make proper repairs at the time of change of compressor and charged amount from complainant though compressor of complainant was under warrantee. Now, the AC is not giving proper cooling. On it he called mechanic of OPs, who told that gas pipes of AC are not clean and after cleaning of same, the gas was again refilled for which they demanded Rs.2200/-, which was to be cleaned at the time of change of compressor. Due to not repairing the said AC properly and for charging amount from complainant without any rhyme and reason has caused great harassment to complainant and all this made him suffer in hot summers. Ex C-2 is the copy of bill, clearly revealing the fact that complainant purchased said AC from OPs for Rs.27,000/-and its compressor is under warrantee period. Ex C-3 is the copy of Retail Invoice showing charges for filling gas. Legal Notice Ex C-4 and affidavit of complainant Ex C-1 also prove that complainant had to suffer due to negligence on the part of Ops.

   9                                        We have keenly considered the contentions in the light of evidence on record. Complainant has produced sufficient and cogent evidence to prove the negligence and deficiency in service on the part of OPs. It is observed that OPs have been deficient in providing proper services to complainant at the time of change of compressor, they should have cleaned the pipes and their action of charging Rs.2,880/-from complainant vide bill dt 20.01.2016 Ex C-3 and for further demanding more amount for repairs is illegal and unjust.Complainant has succeeded in proving his case and hence, complaint in hand is hereby allowed with direction to Ops to repair the AC of complainant free of cost to his satisfaction and to pay Rs.3,000/-to complainant for harassment and mental agony suffered by him besides Rs.1,000/-for litigation expenses incurred by him. Compliance of this order be made within one month of the receipt of the copy of the order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.

   Announced in open Forum:

   Dated: 21.07.2016

             Member                  President                                (P Singla)                   (Ajit Aggarwal)