Delhi

StateCommission

A/380/2017

NARESH JOSHI - Complainant(s)

Versus

M/S HEAD CUSTOMER SERVICES VOLTAS HOUSE A COM. - Opp.Party(s)

SELF

04 Sep 2017

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                                    Date of Arguments:  22.08.17

          Date of Decision:      04.09.17

 

First Appeal No. 380/2017

In the matter of:

            Mr. Nareh Joshi

            S/o Shri C.M.Joshi

            R/o C8-B, Street No. 9

            West Vinod Nagar

            Delhi-110092                                                                                                  …Appellant

                                                               Versus

 

            M/s Head Customer Service

            Voltas House A (Company)

            Dr. Baba Saheb Ambedkar Road

            Chinchpokli

            Mumbai- 400033, Maharashtra                                                        ……Opposite Party 1

 

 

            M/s Choice Electronics (Dealer)

            H-15, Main Vikas Marg

            Laxmi Nagar, Delhi-110092.                                                            ……..Opposite Party 2

 

CORAM

Hon’ble Sh. O.P.Gupta, Member(Judicial)

Hon’ble Sh. Anil Srivastava, Member

1.Whether reporters of local newspaper be allowed to see the judgment?  Yes/No

2. To be referred to the reporter or not? Yes/No

 

  SHRI O.P.GUPTA, MEMBER(JUDICIAL)

 

JUDGEMENT

          The present appeal has been filed by the complainant against order dated 23.05.17 passed by District Forum(East) in complaint No.761/14 vide which complaint has been dismissed.

2.       The case set up by the applicant was that he purchased voltas split AC 1.5 ton from OP 2 for Rs. 28,100/-.  The same was got fitted by complainant’s own engineer on the same date. It was not working well from second day of purchase.  He sent complaint to OP on24.05.13 and the same was attended by engineer of OP who told that due to faulty installation gas leaked which was refilled by the engineer. After about two months again cooling got reduced.  Appellant lodged complaint, service engineer of OP came but complainant did not allow inspection as according to complaint AC had manufacturing defect.  Subsequent complaints were not attended by OP.  Notice was sent on 27.06.14.  Hence complaint for replacement of AC with compensation of Rs. 60,000/-.

3.        OP 2 did not put in appearance despite service and was proceeded exparte.  OP 1 filed WS stating that AC was of good quality and had no manufacturing defect. Leakage of gas was not covered under warranty still OP 2 refilled the gas. Thereafter no complaint was received by them.

4.        Appellant filed his own affidavit in evidence.  OP 1 filed evidence of Mr. Rajiv Ranjan, Area Service Manager.

5.        After going through the material on record and hearing the arguments, the District Forum found that appellant had not produced any evidence to the effect that AC had manufacturing defect.  There was a problem of gas leakage only which  cannot be presumed as manufacturing defect for replacement of the AC.

6.        In appeal the appellant submitted that he was not asked by anyone to file the report of expert engineer to show that there was manufacturing defect.  We are not impressed by the argument.  None is to tell the litigant as to what evidence he should adduce.  It is for him to decide what evidence would be sufficient for his case.

7.        Here is an appellant who wants replacement of AC as well as compensation of Rs. 60,000/- for AC purchased for Rs. 28,000/- meaning thereby he wants three times of what he paid.  There is no infirmity in the impugned order.

8.        Appeal is dismissed in limini.

            One copy of the order be sent to both the parties free of cost.

            One copy of the order be sent to District Forum for information.

 

(ANIL SRIVASTAVA)                                                                           (O.P.GUPTA)

MEMBER                                                                                             MEMBER(JUDICIAL)