Chandigarh

DF-II

CC/789/2017

Pankaj Mehra - Complainant(s)

Versus

M/s CROMA A TATA Enterprise - Opp.Party(s)

Kumar Nikshep Adv.

12 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	789/2017
Date of Institution	:	11.10.2017
Date of Decision	:	12/02/2018

 

                                               

                                                         

Pankaj Mehra son of Sh.Mangat Ram Mehra r/o H.No.44-I, Gulmohar Trends, Dhakoli Zirakpur, Distt. SAS Nagar (Mohali), Punjab.

                                      ...  Complainant.

Versus

1.       M/s Croma A Tata Enterprise, SCO No.1094-1095, Sector 22-B, Chandigarh through its Manager/Authorized Signatory.

 

2.       The Manager/Authorized Signatory, M/s Croma A Tata Enterprise, SCO No.1094-1095, Sector 22-B, Chandigarh.

…. Opposite Parties.

BEFORE:      SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

 

Argued by:

Sh.Hemant Parishar, Adv. Proxy for Sh.Kumar Nikshep,    Advocate for the complainant

Sh.Pritam Singh, Assistant Department Manager     for the        OPs.

 

PER RAJAN DEWAN, PRESIDENT

1.           Briefly stated, the complainant purchased a Window AC from the OPs vide Invoice dated 19.09.2016 for Rs.24,991/-.  After installation of the AC, when he tried to operate the same and traced the remote of the AC in the carton box, the same was not found and accordingly, he brought this fact to the notice of the OPs.  Thereafter, he collected the remote of the AC from the store of the OPs on 20.09.2016 but the same was not supporting the AC and as such he again requested the OPs to deliver the correct remote at his residence as without the remote, his parents are not able to operate the AC with comfort as whenever they were to control the temperature, they have to do that manually by getting up from their bed.  However, the OPs failed to deliver the remote despite the fact that the winter season has come. He exchanged a number of e-mails with the OPs to this effect but to no effect. In his e-mail dated 30.05.2017, he even requested the OPs either to provide new remote or to collect the AC.  It has further been averred that without the remote of the AC, he and his parents were not able to use the AC with comfort as they are to use the AC by getting up from their bed. Finally, he got served a legal notice dated 24.07.2017 upon the OPs but to no effect. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.           In their written statement, the OPs while admitting the factual matrix of the case have pleaded that when the complainant raised the issue for remote of the AC, he was requested to collect the same from the store. Later it was found that the remote was not working properly and he was informed by OP No.2 that the remote of the said product would be delivered to him but the same will require some time as the said product was a display unit and the brand had limited stock and arrangement for the remote of the AC will be time consuming.  It has further been pleaded that the OPs are ready to provide the remote to the complainant which was not accepted by him but not ready to give any compensation to the extent of the amount demanded by him.  It has further been pleaded that as a resolution, the OPs are ready to provide a replace to the said product with Croma 1.5 2 Star CRAC 1165/194758. It has further been pleaded that the complainant refused to accept the remote and demanded compensation which was not acceptable to them. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.           We have heard the arguments advanced by both the sides and gone through the documentary evidence on record.
4.           During the course of the arguments, the Counsel for the complainant has submitted that the OPs have changed the remote of the AC in question and the same is functioning properly. He has further submitted that the complainant now be awarded only compensation for mental agony and harassment undergone by him at the hands of the OPs besides litigation expenses. 
5.           The short grievance of the complainant regarding supply of the remote of the AC in question has been redressed by the OPs only after the filing of the instant complaint before this Forum and that too after a lapse of long period from the date of its purchase i.e. 19.09.2016. It is apt to mention here that  before filing the present complaint, the complainant had exchanged a number of e-mails with the OPs and even got served a legal notice dated 24.07.2017  upon them through his Counsel but they did not bother to resolve  his  grievance. Due to non-supply of the remote of the AC in question, the complainant and his family members had to face the difficulty in operating the AC. Before delivery of any product, it is the prime duty of the OPs/manufacturer to ensure that the carton box contain all the accessories of the product so that the customer would not face any problem while its installation and operation. In the present case, the OPs wake up from their deep slumber only after institution of the present complaint and had supplied the AC of the remote in question to the counsel for the complainant on 04.01.2018.  In view of the above discussion, the OPs are proved to deficient in rendering the services to the complainant. 
6.           Keeping in view overall facts and circumstances of the case, we are of the considered view that the ends of justice would be met if the complainant is awarded a lump sum compensation of Rs.5,000/-.
7.           In view of the foregoing discussion, the complaint is allowed with a direction to the Opposite Parties to pay a lump sum compensation of Rs.5,000/- to the complainant within 45 days from the date of receipt of its copy failing which they shall be liable to pay interest @9% per annum on the awarded amount from the date of this order till it is paid.
8.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

12/02/2018

                   Sd/-

                                                   (RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER