Delhi

North East

CC/176/2018

Sh. Madan Lal - Complainant(s)

Versus

Metro Ref. & Electronics - Opp.Party(s)

20 Nov 2019

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. 176/18

 

In the matter of:

		Madan Lal S/o Shri Agnu R/o H.No. 210, Gali No.2 Khajoor Wali Gali, Ambedkar Basti Ghonda, Delhi-110053.		Complainant
		Versus
	1.       2.       3.	Metro Ref. & Electronics 1449/7 Main Loni Road Durgapuri, Delhi-110093.   Dew Point Refrigeration P-51, Bihari Colony Behind DTC Bus Stand, Delhi.   Voltas Company Registered office:- A/43, Upper Ground Floor, Mathura Road New Delhi-110044.		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :		23.08.2018 20.11.2019 20.11.2019

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Briefly stated, the facts giving rise to the present complaint as narrated by the complainant are that on 21.05.2018 the complainant had purchased a Voltas 1.5 Ton 5 Star window AC white in colour manufactured by OP3 from OP1 vide invoice no. G-665 for a sum of Rs. 26,000/- inclusive of GST. The said AC carried a warranty of one year and was installed by OP1 at the residence of the complainant but it was not cooling properly and had defective auto cut function for which the complainant immediately informed the engineer of OP2 about the fault when the said engineer visited the complainant on 20.07.2018 and simply filled gas in the said AC. However, the subject AC continued to malfunction thereafter and had to be sent again to OP2 on 16.08.2018 after which it was never returned to the complainant and is still lying there. The complainant contacted OP2 several times but to no avail. Thereafter, feeling harassed by the OPs the complainant was constrained to file the present complaint before this Forum for issuance of directions against the OPs and prayed

1. to replace the subject AC with a new one
2. to compensate Rs. 15,000/- for harassment, mental torture, financial loss
3. to pay sum of Rs. 10,000/- towards the cost of litigation.

Complainant has attached copy of tax invoice dated 21.05.2018 for purchase of AC and copies of pick up date receipt dated 20.07.2018, 16.08.2018.

2. Notice was issued to the OPs on 15.10.2018. None appeared on behalf of OPs despite service effected on 31.10.2018 and 01.11.2018 and was therefore proceeded against ex-parte vide order dated 28.01.2019.
3. Complainant filed ex parte evidence and written arguments in reiteration of his grievance.
4. We have head the arguments address by the counsel of the complainant

The subject AC barely functioned for less than 3-4 months from its purchase and did not even last its warranty period and was malfunctioning in terms of defective cooling and auto cut and when the same was sent for last servicing to OP2 in August 2018, the same was never returned to the complainant.

In view of complainant’s allegation against OPs having gone unrebutted, we allow the present complaint and direct the OPs jointly and severally to replace the subject AC with a brand new one with full valid warranty thereon alongwith compensation of Rs. 5,000/- for mental torture and financial loss inclusive of litigation.

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.
7.  Announced on 20.11.2019

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member