IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 29^th day of August, 2014

Present : Sri. Jacob Stephen (President)

Smt. K.P. Padmasree (Member-I)

Smt. Sheela Jacob (Member-II)

C.C.No.168/2013 (Filed on 21.12.2013)

Between:

P.N. Rajan, Raji Bhavan,

Mangaram, Konni.P.O., 

Pathanamthtitta.

(By Adv. Mammen Pappy Adeneth)                    …..    Complainant

And:

1. Managing Director,

          Videocon Industries Ltd.,

          14 Kms. Stone, Aurangabad – Paithan Road,

          Chitegaon, Tq. Paithan,

          Dist. Aurangabad – 431 105.

(By Adv. R. Gopikrishnan)

2. The Manager,

Corporate Office (Sales & Service),

296, Udyog Vihar Phase – II,

Gurgaon, Haryana.  …..    (Deleted)

3. The Proprietor/Manager,

Authorised Service Centre for Videocon,

Cooltech Engineers, Kurishukavala Jn.,

Thiruvalla.  (Exparte)

4. Mr. Dinesh, Service Engineer,

Cooltech Engineers, Kurishukavala Jn.,

Thiruvalla.  (Deleted)

5. The Proprietor, Next Retail India Ltd.,

Johns Complex, Opp. Anurag Theatre,

Kumbazha Road, Pathanamthitta.  (Exparte)….       Opposite Parties. 

O R D E R

Smt. Sheela Jacob (Member - II): 

                   The complainant approached this Forum for getting a relief from the Forum against the opposite parties.

                   2. Brief facts of this complaint is as follows:  The complainant is running a barber shop and gents beauty parlour in the name and style “Fashion Hair Dressers” at Kumbazha Junction for earning his livelihood.  On 07.07.2012, the complainant purchased an Air Conditioner costing Rs.24,500/- from the 5^th opposite party and installed it in his shop by paying Rs.4,000/- as installation charges.  The 1^st opposite party is the manufacturer, 2^nd opposite party is the sales and service manager of the 1^st opposite party and 3^rd and 4^th opposite parties are the authorized service personnels of the 1^st opposite party. 

          3. The 5^th opposite party also issued a user’s manual to the complainant offering warranty for one year for all parts except grill and plastic parts and 4 years additional warranty for the compressor from the date of purchase.  But it stopped its working within a week.  The matter was informed to the opposite parties.  A complaint was registered as per the instruction of the opposite parties.  The 5^th opposite party directed the 3^rd opposite party to repair the AC unit.  The technician of the opposite parties came and checked the AC unit and he took several parts, but it was not returned. 

                   4. This fact was also intimated to the opposite parties on several times.  But they did not cared either to repair the AC or to return the amount.  The complainant sustained huge loss of earnings.  Because of this situation, the regular customers have ceased to come to the shop.  According to the complainant, the defects of the AC is due to low manufacturing quality and hence opposite parties are liable to refund the amount of the AC.  So the act of the opposite parties in not repairing the AC is a deficiency in service, which caused mental agony and financial loss to the complainant and they are liable to the complainant for the same.  Hence this complaint for the realization of Rs.24,500/-, the price of the AC along with compensation of Rs.25,000/- and cost.

                   5. The 1^st opposite party entered appearance and filed version with the following main contentions.  1^st opposite party admitted the sale of the AC.  But according to them, the complainant is not a consumer as per the provisions of the Consumer Protection Act and the dispute is not a consumer dispute, as the complainant is using the product in question for commercial purpose.  The complainant has never approached the 1^st opposite party with any complaint with regard to the AC unit.  The complainant has not registered any complaint with regard to the AC unit.  So the 1^st opposite party is not liable to answer the claim made in the complaint.  That apart, on getting information of the complainant, service engineer visited the premises and repaired the A.C.  Further first opposite party is ready and willing to repair the product as per the warranty conditions.  With the above contentions, 1^st opposite party prays for the dismissal of the complaint as they had not committed any unfair trade practice and deficiency in service as alleged by the complainant.

                   6. In this case is 3^rd and 5^th opposite parties are exparte and opposite parties 2 and 4 are deleted.

                   7. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not.

                   8. The evidence of this complaint consists of the oral testimony of PW1, DW1 and Exts.A1 and A2.  After closure of evidence, both sides were heard.

                   9. The Point:-  Complainant’s allegation against the opposite parties is that he had purchased an AC unit from the 1^st opposite party and with in the warranty period the defects occurred to his AC was not rectified.  The fault of the product is still continuing.  Matter was informed to the opposite parties several times.  But they have not turned up.  The above said act off the opposite parties is a clear deficiency in service and the opposite parties are liable to the complainant for the same.

                   10. In order to prove the allegations, complainant filed a proof affidavit in lieu of his chief examination along with 2 documents.  On the basis of the proof affidavit, complainant was examined as PW1 and the documents produced were marked as Exts.A1 and A2.  Ext.A1 is the retail invoice dated 07.07.2012 issued by the 1^st opposite party in the name of the complainant for the sale of the AC unit in question.  Ext.A2 is the warranty card and user’s manual issued by the 1^st opposite party dated 07.07.2012.

                                      11. The contention of the 1^st opposite party is that they are the manufacturers and repairs has to be done by other opposite parties and 1^st opposite party had properly intimated the complainant’s complaint to others and they repaired it 2 times. 

          12. In order to prove the case of the opposite party, the 1^st opposite party filed a chief affidavit in lieu of his chief examination.  On the basis of the chief affidavit, he was examined as DW1.  There is no documentary evidence in their favour.

          13. On the basis of the contentions and arguments of the parties, we have perused the entire materials on record and found that the complainant purchased an AC unit manufactured by the 1^st opposite party for Rs.24,500/- on 07.07.2012 with warranty for one year and it became defective within a week.  He informed the matter to the 5^th opposite party.  The technician of the opposite parties came and checked the AC unit, dismantled it and took several parts.  But it was not returned or they have repaired the AC.  The allegation of the complainant is that the 5^th opposite party ignored the grievance of the complainant, which is a clear deficiency from the part of the opposite party and hence they are liable to the complainant.  They did not cared to repair the AC.  Because of the non-functioning of the complainant’s AC, the complainant had sustained financial loss, mental agony and other inconveniences. The non redressal of the complainant’s grievance is a clear deficiency in service.  Therefore, this complaint is allowable.

                   15. In the result, this complaint is allowed, thereby the opposite parties 1, 3 and 5 are directed to rectify the defects of the complainant’s AC, if it is repairable, free of cost, with additional warranty for one year more along with compensation of Rs.5,000/- (Rupees Five Thousand only) and cost of Rs.1,000/- (Rupees One Thousand only) within 15 days from the date of receipt of this order or to replace the defective AC with a new AC of the same brand along with warranty, compensation and cost ordered herein above if it is not repairable, failing which the complainant is allowed to realize the cost of the AC i.e. Rs.24,500/- (Rupees Twenty Four Thousand Five hundred only) and the compensation and cost ordered herein above from the opposite parties with 10% interest from today till the realization of the whole amount.

                   Declared in the Open Forum on this the 29^th day of August, 2014.

                                                                                                        (Sd/-)

                                                                                                Sheela Jacob,

                                                                                         (Member-II)

Sri. Jacob Stephen (President)             :       (Sd/-) 

Smt. K.P. Padmasree (Member-I)         :       (Sd/-)

Witness examined on the side of the complainant:

PW1  :  P.N. Rajan

Exhibits marked on the side of the complainant:

A1  : Retail invoice dated 07.07.2012 for Rs.24,500/- issued by the       

        1^st opposite party in the name of the complainant. 

A2 : Warranty card and user’s manual issued by the 1^st opposite  

        party.

Witness examined on the side of the opposite parties:

DW1  :  Bini Bhaskar

Exhibits marked on the side of the opposite parties:  Nil.   

                                                                                          (By Order)

                                                                                               (Sd/-)

                                                                               Senior Superintendent.

Copy to:- (1) P.N. Rajan, Raji Bhavan, Mangaram, Konni.P.O., 

                       Pathanamthtitta.

(2) Managing Director, Videocon Industries Ltd.,

                        14 Kms. Stone, Aurangabad – Paithan Road,

                        Chitegaon, Tq. Paithan, Dist. Aurangabad – 431 105.

         (3) The Proprietor/Manager, Authorised Service Centre for   

               Videocon, Cooltech Engineers, Kurishukavala Jn.,

               Thiruvalla. 

          (4) The Proprietor, Next Retail India Ltd.,

               Johns Complex, Opp. Anurag Theatre,

                         Kumbazha Road, Pathanamthitta.

                    (5) The Stock File.