Case No.CC/620/2008

Date of Institution:-28.05.2008

Order Reserved on :- 09.05.2024

           Date of Order :-07.08.2024

IN THE MATTER OF:

Ms. Kusum Verma

W/o Sh. S.M. Verma,

R/o DDA Flats 406, Secto-12,

Pocket-1, Gangotri Appt.,

Dwarka, Delhi.

          …..Complainant

VERSUS

1. Modern Business System

G-9, Plot No.10, Manish Plaza-II,

Sector-10, Opp. DDA Sports Complex,

Dwarka, New Delhi.

2. Mr. P. Venkat Rao

Sr. General Manager, Room AC Deptt,

Blue Star Ltd., 9 Bazullah Road,

T. Nagar, Chennai – 600017.

… Opposite Parties

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatthe complainant had purchased one air conditioner from the OP-1, who is retailer of OP-2. The complainant had paid Rs.17,000/- (Rupees Seventeen Thousand) and one old air conditioner had been exchanged.  The OP-1 had assessed the value of the old AC a sum of Rs.4,000/- vide invoice no. 591 dated 09.06.2007.  The OP has assured the complainant while purchasing the AC that the AC will free from any fault. The OP-1 has ensured the complainant for the guarantee of the AC orally but has not filled the guarantee card. That since very first date, the AC was defective and lot of noise was coming from the AC. The cooling of the AC was not effective and water out flows was not at all regulated and was coming out from different places of the back of the AC.  The complainant made a request to the OP-1 and OP-1 registered a complaint vide no. 378/2007 but the OP has neither given any satisfactory reply nor rectified the problem of the AC. The complainant has visited the shop of the OP-1 and made several calls to the owner but the OP-1 has not given any reply.  The complainant made the complaint to the OP-2 who is the head office and the OP-2 registered his complaint vide no. 602789 dated 15.10.2007.  The complainant has sent email to the OP-2 but no reply was received from the OP-2. The OPs have failed to provide any service as they assured the complainant that the AC is free from any fault and have provided guarantee for one year to rectify any problem in the AC. The complainant has prayed for refund of Rs.17,000/- alongwith Rs.50,000/- for mental harassment alongwith Rs.25,000/- as litigation charges.
2. Notice was served to OPand OP entered its appearance and filed written statement taking several preliminary objections thatthe OP has attended the complaint of the complainant on 15.10.2007 and the complainant gave the statement on the same paper himself vide complaint/service report no.  935038 dated 15.10.2007 which is exhibited as RW-2/2. The OP has attended the complaint on 15.10.2007 and after satisfaction, the complainant has duly acknowledged in the service report that the machine has been serviced to her satisfaction and confirmed that the machine is working OK. The OP has attended the complaint dated 11.05.2008 as per the satisfaction of the complaint vide service report 428117 dated 12.05.2008 . On the said date,  the technician namely Jitender Sharma has visited the complainant to check the functioning of the AC and fixed a new GI sheet drain tray. The complainant refused to sign the service report stating that she had been legally advised and instructed not to sign any document. The complainant has filed this complaint with ulterior motive and hence the complaint is liable to be dismissed. The complainant was informed that the place was not proper for installation of the AC but the complainant insisted to install the AC at the same place where there was no proper air circulation. On 16.05.2008, the representative of OP-2 Sh. T. Nathan visited the complainant and inspected the AC which was found perfectly OK. The complainant has requested to replace the Split AC but the official of the company has refused and informed the complainant that there was no provision for the replacement of AC in their company. In the interest of justice, the complaint filed by the complainant is liable to be dismissed.
3. In response to the written statement, the complainant has filed rejoinder reiterating the allegations made in the complaint and denying the allegations leveled in the written statement.
4. Both the parties have filed affidavit of evidence as well as written arguments in support of their respective case.
5. On 09.05.2024, the case was listed for arguments. None were present. Since the case pertains to 2008, we felt it prudent that the case should be decided to the long pendency. Hence, the case was reserved for the order. 
6. We have carefully considered the material on record and thoroughly perused the documents placed on record.
7. It is the case of the complainant that he had purchased one air conditioner from the OP-1, who is retailer of OP-2. The complainant had paid Rs.17,000/- (Rupees Seventeen Thousand) and one old air conditioner had been exchanged.  The OP-1 had assessed the value of the old AC a sum of Rs.4,000/- vide invoice no. 591 dated 09.06.2007.  The OP has assured the complainant while purchasing the AC that the AC will free from any fault. The OP-1 has ensured the complainant for the guarantee of the AC orally but has not filled the guarantee card. That since very first date, the AC was defective and lot of noise was coming from the AC. The cooling of the AC was not effective and water out flows was not at all regulated and was coming out from different places of the back of the AC.  The complainant made a request to the OP-1 and OP-1 registered a complaint vide no. 378/2007 but the OP has neither given any satisfactory reply nor rectified the problem of the AC. The complainant has visited the shop of the OP-1 and made several calls to the owner but the OP-1 has not given any reply.  The complainant made the complaint to the OP-2 who is the head office and the OP-2 registered his complaint vide no. 602789 dated 15.10.2007.  The complainant has sent email to the OP-2 but no reply was received from the OP-2.   The OPs have failed to provide any service as they assured the complainant that the AC is free from any fault and have provided guarantee for one year to rectify any problem in the AC.
8. The complainant has lodged a complaint regarding the defect in AC on 15.10.2007 which was attended by the OP and the complainant herself gave satisfactory report vide service report 935038 dated 15.10.2007.  On again 11.05.2008, the OP has attended the complaint and rectified the problem with the AC. The OP has provided GI sheet drain tray to control the flow of water from the AC. The OP has attended the complaint of the complainant every time and the complainant herself provided satisfactory report. The complainant has failed to place any evidence which shows that there is any deficiency on the part of the OP. Hence, the complaint is liable to be dismissed with no cost.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 07.08.2024.