Chandigarh

DF-I

CC/577/2021

Munish Jhanji - Complainant(s)

Versus

M/s Havells India Ltd. - Opp.Party(s)

Gitish Bhardwaj

09 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/577/2021
Date of Institution	:	16/08/2021
Date of Decision	:	09/05/2024

 

Munish Jhanji S/o Gora Lal Jhanji, R/o H.No.1, Street No.1, Professor Colony, Sirhind, District Fatehgarh Sahib.

… Complainant

V E R S U S

1. M/s Havells India Ltd., Registered office at 904, Surya Kiran Building, K.G. Marg, New Delhi-110001, through its authorized officer.
2. M/s Bajwa Electronics, Sirhind Bassi road, Opposite Indian Oil Pump, Fatehgarh Sahib-140406, through its Managing Director.
3. M/s Khanna Bros., SCO 5, Madhya Marg, Sector 7-C, Chandigarh-160019, through its authorized officer.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Rahul Verma, Advocate proxy for Sh.Gitish Bhardwaj, Advocate for Complainant (through VC).
	:	Sh.Dixit Garg, Advocate for OP No.1.
	:	OP No.2 & 3 ex-parte.

Per Suresh Kumar Sardana, Member

1.      Briefly stated the allegations are that the complainant had purchased the AC for sum of Rs.25,300/- from OP No.3 dated 07.06.2018 (Annexure C-1). It is submitted that the said AC is under warranty/guarantee period, which had a one-year product warranty and five-year compressor warranty. In the month of April 2021, the AC became non-functional and started creating problems. Accordingly, online complaints were lodged on 30.04.2021 and 06.05.2021 (Annexure C-2 & C-3). In the first week of June 2021, the complainant got chandged/repaired his AC compressor from OP No.2 after making a payment of Rs.2950/- in cash to Mr.Bajwa himself after almost 40 days from the date of complaint i.e. 30th April 2021. It is further submitted that the complainant requested OPs, so may times to provide the copy of the service receipt/repaired invoice of Rs.2950/- to which the girl executive of OP No.2 as well as the executive of OP No.1 failed to provide the repaired invoice and prolong the matter on one pretext and the other. In the month of July 2021 within one month from repair, the AC again started creating problems. Despite of the several efforts made by the complainant no satisfactory response has been received from the side of OPs nor any solution is provided to the complainant till date. Hence, is the present consumer complaint.
2.     OP No.1 & 2 contested the consumer complaint, filed their written reply and stated that complainant’s compressor unit of the impugned product was replaced in the month of May 2021 and it was working properly. However, after the elapse of about seven days the complainant once again registered a complaint with the executive of the answering OP stating thereby the problem of improper cooling. The technician of the OP visited the complainant’s premises and found outdoor unit copper pipe was cut by thief and same was duly informed to the complainant (Annexure R-2). Thereupon having brief discussion with the complainant, the OP has fitted new copper pipe and resolved the issue. But the complainant had refused to pay the cost of refitted copper pipe and gas refilling charges as per warranty. On these lines, the case is sought to be defended by OP No.1 & 2.

         None has turned up on behalf of OP No.2, hence OP No.2 is proceeded against ex-parte vide order dated 22.05.2023.

3.     Notice of the complaint was sent to OP No.3 seeking its version of the case. However, nobody appeared on behalf of OP No.3 despite service, therefore, it was proceeded ex-parte on 09.06.2022.
4.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsels for the parties and gone through the record of the case.
7.     The main grievance of the complainant is that inspite of paying Rs.2950/- to the OPs towards the repair of AC, the OPs have failed to carry out necessary repairs satisfactorily.
8.     On perusal of Annexure C-2 of reply of OP No.1 & 2 which is a photograph of the outdoor Unit of the AC, it is observed that the outdoor unit (ODU) copper pipe is found to be cut, which lead to gas leakage & non-functioning of AC.
9.     On perusal of reply & documents, it is observed that the OP’s have fitted the copper pipe & filled the gas, with regard to the same the complainant has not adduced any documentary evidence that he had made the necessary payment.
10.     Hence, we are constrained to believe the version of the OPs to be correct that 2^nd time when similar, situation arose again, they did not carry out the repairs, as it is complainant himself who did not make the payment with regards to earlier repairs.
11.     For the reasons recorded above, we do not find even a shred of evidence tendered by the complainant to prove any deficiency in service or unfair trade practice on the part of OPs. Consequently, the consumer complaint fails and the same is dismissed, leaving the parties to bear their own costs.  
12.     Pending miscellaneous application, if any, also stands disposed of.
13.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
09/05/2024			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member