Haryana

Fatehabad

CC/411/2019

Bimla Devi - Complainant(s)

Versus

M/S J.B Electronics - Opp.Party(s)

M.S Godara

05 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHABAD.

 

                                                          Complaint case no.         : 411 of 2019

                                                          Date of Institution           : 30.09.2019

                                                          Date of decision    : 05.12.2023

 

Smt.Bimla wife of Shiv Narian  son of Budh Ram resident of Bigher Road, Dhani Matana Tehsil & District Fatehabad.

……. Complainant.

 

Versus

                  

1. M/s J.B.Electronics, near Ashirwad Palace, Opposite Batra Colony, Fatehabad  Tehsil & District Fatehabad through its proprietor/partner.
2. Dhaka Service Point, Anjali Colony, Near Punjabi Hospital, Bhattu Raod, Fatehabad Tehsil & District Fatehabad through its proprietor/partner.
3. Blue Star India (Air Conditioner), Head Office Kasturi Buildings, Mohan T.Advani Chowk, Jamshedji Tata Road, Mumbi-400020 through its Director/Manager.
4. Blue Star Limited, Regional Office, DLF Corporate Park, DLF Qutab Enclave, Block-2A, DLF City, Phase-3 Gurugram, 122002 through its Regional Manager.

                                                                   ….…. Ops.

 

BEFORE:   SH. RAJBIR SINGH, PRESIDENT

                   DR.K.S.NIRANIA, MEMBER                  

                   MRS. HARISHA MEHTA, MEMBER     

 

Present:       Sh. M.S.Godara, counsel for complainant.

                   Ops No.1 & 2 exparte VOD 08.11.2019.

                   Sh.Vinod Godara, counsel for Ops No.3 & 4.

 

ORDER:

SH.RAJBIR SINGH, PRESIDENT

                   In nutshell, brief facts of the present complaint are that the complainant had purchased Two air Conditions having capacity of 2 Ton from Op No.1 for a sum of Rs.95,600/- vide invoice No.710 dated 17.08.2018; that the ACs in question were worked properly for few days but thereafter it started creating problems such as Automatically off besides cooling issue; that the complainant lodged complaint with the Ops; that the mechanic of the Ops visited the spot and repaired the same after opening the Air Conditioners; that thereafter, the ACs again started creating problems and regarding this the complainant lodged his compliant with the Ops on toll free number 18002091177 more than 20 times but to no effect; that due to inaction on the part of the Ops, the complainant has not only suffered mental agony, harassment but also number of members left the library and gym workout resulting into huge financial loss because the ACs were installed in the gym and library; that the complainant requested the Ops to refund the amount of the product in question besides serving of legal notice upon them but to no avail. The act and conduct of the Ops clearly amounts to deficiency in service and unfair trade practice on their part.

2.                On notice Ops No.3 & 4 appeared and filed their joint reply whereas Ops No.1 & 2 did not appear before this Commission despite service, therefore, Ops No.1 & 2 proceeded against exparte vide order dated 08.11.2019. Ops No.3 & 4 in their joint reply have taken preliminary objections such as locus standi, concealment of material facts, jurisdiction and complainant does not fall within the ambit of consumer etc.  It has been further submitted that Air Conditions allegedly purchased by the complainant, his father and mother were not defective and were functioning properly; that several attempts were made by the company to inspect the air conditioners but every request was out-rightly denied by the complainant and he chose to be hostile and un-cooperative; that the present compliant has been filed with ulterior motive and it deserves dismissal being false and frivolous. Other contentions have been controverted and prayer for dismissal of the complaint has been made.

4.                In evidence, the complainant has tendered his affidavit Annexure CW1/A alongwith documents Annexure C1 to Annexure C12 whereas the appearing Ops have filed affidavit of Sh.Chetan Sharma as Ex.RW1/A and Annexure R1.

5.                We have heard learned counsel for the parties and carefully gone through the case file.

6.                The grievance of complainant is that the Air Conditioners allegedly purchased by him from OP No.1 vide Annexure C1 worked properly for few days after its purchase but thereafter it started giving problems such as automatically off and proper cooling and regarding this several complaints were lodged with Ops but till today his grievance was not redressed.

7.                          Per contra, learned counsel for the appearing counsel argue that the Air Conditions were working properly and there was no fault in the same and several attempts were made by the company to inspect the air conditioners but every request was out-rightly denied by the complainant and he chose to be hostile and un-cooperative, therefore, there is no deficiency in service and unfair trade practice on the part of replying Ops.

8.                          In order to resolve the controversy between the parties, on the application of the complainant, this Commission had appointed a Local Commissioner vide order dated 08.08.2023. The local commission had submitted its joint inspection report, duly signed by the complainant, representatives of JB Electronics and Blue Star India Ltd. besides the Committee of Local Commission, on the case file on 08.09.2023.  It is worthwhile to mention here that the Committee had checked total six air conditioners  and the two air conditioners are related to the present compliant and other four are related to another complaints titled as Sandeep Kumar Vs. M/S J.B.Electronics and Shiv Narian Vs. M/s J.B.Electronics bearing CCs No. 410 and 412 of 2019 respectively. In this report the committee had opined that service of all the air conditioners was not done and two air conditioners were working properly and other four air conditioners were not working due to default in PCB and outdoor compressor etc.  In this report, the committee had not opined that there was manufacturing defect in the air conditioners without giving concrete findings, therefore, in order to adjudicate the matter properly and to resolve the controversy, as no objections have been filed against the report of local commission, the committee (Local Commissioner) were summoned which appeared before this Commission in the presence of all the parties and got recorded their joint statement on 22.11.2023. In the joint statement, it has been mentioned that there was no manufacturing defect in the air conditioners and further they also submitted that the air conditioners are repairable as these are having some minor faults, therefore, we have no hitch to reach at the conclusion that there was no manufacturing defects in the air conditioners and the same are repairable.

9.                          The complainant in his pleadings has submitted that the Ops did not give the proper service after selling the products in question and due to this the products could not be enjoyed despite spending huge amount and most of the time it remained unused in dead condition. This plea is believable because the committee of Local Commission in their joint report/statement has mentioned that the service of the air conditioners was not done besides having some minor fault in the products, therefore, the end of justice would met, if we direct the Ops to repair the air conditioners and to put all in working condition.

10.                        In view of above discussion, it is clear that the air conditioners are repairable being not having any manufacturing/technical defect in the same, therefore, the plea of complainant qua replacement of the air conditioners as well as refunding the amount thereof is hereby declined. Accordingly, the present complaint is hereby allowed partly with a direction to  the Ops to repair the air conditioners by replacing/inserting the required parts in the air conditioners, free of costs and the engineer of the Ops is also directed to furnish his certificate/report qua the repairing of the air conditioners before this Commission. The Ops are further directed to pay Rs.11,000/- to the complainant on account of mental harassment & agony and cost of litigation. The order be complied within a period of 45 days from today, failing which the awarded amount would carry 9 % interest from the date of filing of the complaint till its realization.   The order be complied with jointly and severally.

11.                        In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein. File be consigned to the record room after due compliance.     

Announced in open Commission:                                                            Dated:05.12.2023   

 

                                                                                               

                (K.S.Nirania)            (Harisha Mehta)                 (Rajbir Singh)                                             Member                           Member                             President