Date of filing: 27.05.2014.

                                                                                       Date of disposal: 03.12.2014.

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – II:

VIJAYAWADA, KRISHNA DISTRICT

Present: Smt N. Tripura Sundari, B. Com., B. L., President (FAC)

     Sri S. Sreeram, B.Com., B.A., B.L.,        Member

Wednesday, the 3^rd day of December, 2014

C.C.No.153 of 2014

Between:                                                                                                                                          

1.  M/s Eruvaka Agro India Private Limited, Represented by its Managing Director, Gudiri Subba Rao, Hindu, Aged about 39 years, Shop No.2-40 A, First Floor,   MGWC Complex, Mahendra Nagar, Gollapudi, Vijayawada.

2.  Immineni Eswara Rao, S/o Nageswara Rao, Aged 54 years, Business, Road  No.3, Plot No.3, Lotus Land Mark, Kedareswarapet, Vijayawada. 

                                                               …..Complainant.

And

1.  M/s Eta General Private Limited, Rep: by Managing Director, R.S.No.79, 80, 81, Kalitheertgakuppam, Mannadipet, Pondicherry – 6051107.

2.  M/s Eta General Private Limited Corporate Office, Rep: by Manager, ETA House, Third Floor, 71-63, Opposite Lyola College, Sterling Road, Nugambakkam, Chennai – 6000034, Tamilnadu. 

3.  M/s Eta Star Appliances, Rep: by its Manager, Door No.54-11-1/1, Plot No.79, Phase – 3, Beside SRMT, Autonagar, Vijayawada , A.P. 520007.

                                                       .. … Opposite parties.

            This complaint coming on before the Forum for final hearing on 24.11.2014, in the presence of Smt B.S.C. Rajeswari, advocate for complainant; opposite parties 1 to 3 remained absent and upon perusing the material available on record, this Forum delivers the following:

O R D E R

(Delivered by Hon’ble Member Sri S. Sreeram)

            This is a complaint filed by the complainants under Sec.12 of Consumer Protection Act against the opposite parties 1 to 3 directing them to replace the VRF (J) Series O-General Air Conditioning system and install in his residence and in case of their failure to replace the same, directing them to pay Rs.2,44,645/- towards costs of same, to pay Rs.2,00,000/- towards compensation for mental agony, to pay Rs.5000/- towards costs and other reliefs.

            The brief averments of the complaint are as follows:

1.         The complainants purchased Air Conditioning systems of O-general vide invoice Nos.111400311, dt.18.6.2011 from the opposite parties for Rs.2,44,645/-, which includes installation charges and the opposite parties delivered the said Air conditioning system through AFL on 18.6.2011 and the same was installed at the residence of complainant on 25.2.2012.  It is further submitted that from the beginning it is cooling very low and the room is not getting cooled even though the system is on for the entire night.  In addition to the same, the electricity consumption is also very high.  The same was reported to the service persons of opposite parties, but they did not respond properly.  The complainant also ascertained that the same type of air conditioner installed at the neighbour’s house is working properly and giving good cooling and low consumption of electricity.  Though the complainant sent several e-mails to the opposite parties to replace the said system, they did not respond.  The complainant also got issued legal notice on 2-9-2013 to the opposite parties demanding them to replace the Air Conditioning system.  The opposite parties received the same, but of no use. Hence, the complaint.

2.         After registering the complaint, notices were sent to the opposite parties. The notices on opposite parties 1 and 2 served and they remained absent.  The notice on 3^rd opposite party is served by way of substitute service i.e. by way of publishing in local daily news paper.

3.         The 2^nd complainant filed his chief affidavit on his behalf and on behalf of 1^st complainant reiterating the material averments of the complaint and got marked Ex.A1 to A9 on his behalf. None examined on behalf of opposite parties as they remained absent.

4.         Heard complainant.  Perused the record.

5.         This Forum at the time of numbering the complaint itself taken objection with regard to maintainability of complaint since the transaction is a commercial transaction.  However, the case is registered after complying the objections by the complainants.

6.         Now the points that stood for consideration are

1. Whether the transaction between the complainants and opposite parties would come under the definition of ‘commercial purpose’ or not?

1. Whether there is any deficiency of service on the part of opposite parties 1 to 3 in supplying defective Air Conditioning system to complainants?

1. If so, whether the complainant is entitled for any relief?

1. To what extent?

Point No.1:

7.         Perusal of documentary evidence marked under Ex.A1 to A9 on behalf of complainants discloses that the air conditioning system was purchased in the name of 1^st complainant i.e. M/s.Eruvaka Agro India (P) Ltd., Gollapudi, Vijayawada for Rs.2,06,701/-. Ex.A1 invoice – cum – delivery challan dt.18.6.2011 establishes the said fact.  As such there is no dispute with regard to purchase of Air conditioning system.  Perusal of Ex.A1 discloses that the said product has to be shipped to “M/s.Eruvaka Agro India (P) Ltd., Road No.3, Plot No.3, Lotus Land Mark, Kederswarapet, Vijayawada”.  Perusal of Ex.A2 consignment note discloses that the said Air conditioning system has to be delivered to the above mentioned address.  The main grievance of the complainant is that though they purchased the said system in the name of firm, they installed the same in the 2^nd complainant’s house and from the beginning the said system is giving troubles.  Ex.A3 and A4 e-mails sent by 2^nd complainant disclose the factum of informing the complaint to opposite parties. Ex.A5 is the legal notice sent by complainants to the 1^st opposite party and Ex.A6 and A7 are the postal acknowledgments.  The complainant in support of his contention that they are getting huge electricity bill after installation of cooling system filed Ex.A8 and A9 electricity bills.

8.         In this case, the contention of complainants is that, though they purchased the air conditioning system in the name of 1^st complainant firm, it was installed in the house of 2^nd complainant.  But to prove the said facts, the complainant has not filed any material before this Forum.  Ex.A1 and A2 clearly shows that the Air conditioning system was shipped to the “Eruvaka Agro India (P) Ltd., Vijayawada” and the billing is also made in the name of the 1^st complainant firm.  Further the electricity bills filed by the complainants under Ex.A8 and A9 to show that they are getting huge amounts are also in the name of one I.Vandana, but not in the name of complainants.  The complainants also not examined the said Vandana as a witness on their behalf to substantiate their contention that the system was installed in the house.  Further no photographs were filed by complainants regarding installation of air conditioning in the house.  As the complainants purchased the Air conditioning system in the name of 1^st complainant firm, which might be a commercial business to earn profits involved in sale of agro products, the transaction would come with in the purview of commercial purpose.  It is not the contention of complainants that the said business is established for self employment.  The complainants by way of documentary evidence not inspired the confidence of this Forum that the air conditioning was installed at the house.  In these circumstances, it is clear that the complainants purchased the Air Conditioning system for commercial purpose and accordingly this point is answered.

Point Nos.2 & 3:

9.         In this case, the opposite parties 1 to 3 were remained absent.  But in view of the discussion in point No.1 as the complainants’ transaction is purely for commercial purpose, there is no need to discuss the point Nos.2 and 3.

Point No.4:

10.       In the result, the complaint is dismissed, but without costs.

Typewritten by Steno N. Hazarathaiah, corrected by me and pronounced by us in the open Forum, this the 3^rd day of December, 2014.

PRESIDENT (FAC)                                                                                                 MEMBER

Appendix of evidence

Witnesses examined

For the complainant: -None-                                          For the opposite party: -None-

Documents marked

On behalf of the complainant:               

Ex.A1             18.06.2011    Photocopy of invoice cum delivery challan.

Ex.A2             18.06.2011    Photocopy of consignee copy.

Ex.A3             28.06.2012    Photocopy mail.

Ex.A4             01.01.2013    Photocopy of complaint sent through Consumer Daddy.

Ex.A5             02.09.2013    Photocopy of legal notice got issued by complainant to OPs

Ex.A6                                     Postal acknowledgement.

Ex.A7                                     Postal acknowledgement.

Ex.A8 & 9                              Photocopies of electrical bills. 

On behalf of the opposite parties:

               PRESIDENT (FAC).