DATE OF FILING : 18.03.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI Dated this the 31st day of May 2010
Present: SRI.LAIJU RAMAKRISHNAN PRESIDENT SMT.SHEELA JACOB MEMBER SMT.BINDU SOMAN MEMBER C.C No.68/2010 Between Complainant : Jom.C.Michael, S/o Michael, Managing Partner, M/s.Chamakkalayil Silks, Opposite P.W.D Rest House, Muvattupuzha Road, Thodupuzha P.O. (Chamakkalayil House, Muttom Village, Thodupuzha Taluk, Idukki District) (By Adv: Tajlee Tom) And Opposite Parties : 1. M/s.Profile Enterprises Private Limited, S.V Colony Road, Asokapuram, Calicut, Kozhikkode District. 2. M/s.Blusten Limited, Millenium Plaza, Alinchuvadu, M.K.K Nair Road, Cochin – 682 024. O R D E R SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The complainant is running textile business at Thodupuzha town in the name and style “Chamakkalayil Silks”. On 23.03.2009 complainant purchased four Bluestar cassette type Air Conditioners from the Ist opposite party with one year warranty. The warranty will expire only on 29.03.2010. The complainant paid an amount of Rs.2,67,300/- to the Ist opposite party as price of the air conditioners. After installation itself two air conditioners did not work properly. The complainant informed the matter to the Ist opposite party in several times. Thereafter serviceman under the Ist opposite party came over there and repaired indoor unit of the two air conditioners. But now also the same is not functioning properly. The other two air conditioners discharged some foul smell and water, the cooling ratio is also very poor. The complainant informed about the default to the opposite parties through phone and e-mail, but the opposite parties did not act upon that. Two of them are not functioning now, out of the four. The complainant and his customers are suffering a lot in the red hot summer season and affected his business because of the same. The product supplied by the opposite parties are inferior quality and the 2nd opposite party is liable to replace the air conditioners with immediate effect. The Ist opposite party provides a very poor service and they too are liable to compensate the complainant for their negligence and deficiency in service. So this petition is filed for getting the refund of the amount paid by the complainant as the price of the four blue star cassette type air conditioners to the tune of Rs.2,67,000/-.
2. Ist opposite party was absent and called exparte.
3. The 2nd opposite party filed a written version and admitted that the Ist opposite party had supplied four air conditioners to the complainant on 29.03.2009. As a policy, all the Bluestar dealers shall have the service facility to provide after sales to the customers. M/s.Profile Enterprises are also a dealers of Bluestar having own service set up to provide after sales and service to the customers. According to the customer M/s.Chamakkalayil Silks, they have informed M/s.Profile Enterprises about the non-functioning of the machine. According to the dealer, they have attended the complaints on time to time. No complaint has been registered with Bluestar by the customer till now. As per the request received from the sales division on 19.08.2009, this opposite party have deputed their associate to the customer show room and inspected the machines, found the setting of the machines were incorrect and rectified the same. The customer has certified that the machines are working in good conditions. Bluestar is a pioneer in Refrigeration and Air conditioning company having more than 50 years of service in this industry. They are a customer focused organisation, deliberately tuned to deliver a world class customer experience.
4. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to ?
5. The evidence consists of the oral testimony of PW1 and Exts.P1 to P3 marked on the side of the complainant. No oral evidence adduced by the opposite parties and Ext.R1 marked.
6. The POINT :- The complaint is filed for getting back the cost paid for the air conditioners purchased from the Ist opposite party, manufactured by the 2nd opposite party, which are having major defect in working. The complainant is examined as PW1. When the Ist opposite party supplied air conditioners to the nearest shop of PW1, contacted the PW1 and he purchased the air conditioners on 15.04.2009 at Thodupuzha and paid Rs.2,50,277/- for the same. Ext.P1 is the bill for the purchase of the Air conditioners issued by the opposite party. The complainant paid Rs.2,67,300/- including installation charges. It was assured by the Ist opposite party at the time of installation that the air conditioners would be replaced if any complaint comes. Two of them showed complaints after installation and became defective. Water was leaking from the two other air conditioners and foul smell was also spread from the indoor unit. The matter was informed to the opposite party on several times by the complainant. The Owner's Manual issued by the Ist opposite party at the time of purchase is Ext.P2. Ext.P3(series) are the warranty certificates issued for the 4 air conditioners. The service of the 2nd opposite party is also not proper. The 2nd opposite party manufactured low quality machines, which caused defect in the air conditioners. As per the cross examination for the learned counsel for the 2nd opposite party, the 2nd opposite party properly serviced the air conditioners and the matter was informed to them on 19/08/2009. Ext.R1 is the service report for the same which is signed by the complainant. No other information for the default of the machine was received from the complainant.
It is admitted by the 2nd opposite party that the air conditioners showed complaints from 19.08.2009 onwards. Ext.R1 shows that the 2nd opposite party has repaired the air conditioners on 20.08.2009. The 2nd opposite party submitted that they are only the manufacturers of the air conditioners. They are supplying warranty to the Ist opposite party and the Ist opposite party is bound to give warranty to the customers of them. Because the 2nd opposite party is providing warranty only for one year to the Ist opposite party and the Ist opposite party is providing warranty to the customers. The 2nd opposite party is not aware about the date of sale of the air conditioners from the Ist opposite party. The warranty of the air conditioners should be given for one year from the date of purchase. But the 2nd opposite party is giving proper service to the machine without any delay. Ext.R1 also shows the same.
So it is challenged by the opposite parties that the air conditioners showed serious complaints after the purchase within the warranty period. The complainant paid Rs.2,50,277/- as per Ext.P1 bill for the same. Ext.P3(series) are warranty certificates issued for the four numbers of air conditioners. The complainant is a textile business man and the air conditioner is a very necessary item for the business of the complainant in the modern business especially in summer season. The air conditioners became defective after 6 months of the purchase as per Ext.R1. So it is a major default as per the complainant. The opposite parties were not ready to replace the machine after repeated requests. So it is a gross deficiency from the part of the opposite parties. Eventhough the warranty certificate issued by the Ist opposite party, Profile Enterprises Private Limited with their seal and phone number, the warranty is providing by Bluestar Limited, which is printed in the warranty card, who is the manufacturer. So we think that the manufacturer and dealers are equally responsible for the default of the machine. The opposite party never challenged the amount paid by the complainant and the warranty issued by the opposite parties. There is no evidence produced by the complainant to show that huge loss of business happened to the complainant because of the default in the air conditioners.
Hence the petition allowed. The Ist and 2nd opposite parties are directed to pay Rs.2,50,277/- to the complainant as per Ext.P1, which is the bill for the purchase of the 4 Blue star cassette type air conditioners, after taking back the defaulted machines and Rs.2,000/- as cost of the petition within one month of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 31st day of May, 2010 Sd/- SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/- SMT. SHEELA JACOB(MEMBER) Sd/- SMT. BINDU SOMAN(MEMBER)
APPENDIX Depositions : On the side of Complainant : PW1 - Jom.C.Michael On the side of Opposite Parties : Nil Exhibits: On the side of Complainant: Ext.P1 - Bill dated 15.04.2009 for Rs.2,50,277.78 issued by the Ist opposite party Ext.P2 - Owner's Manual Ext.P3(series) - Warranty Certificates(4 Nos) On the side of Opposite Parties : Ext.R1 - Carbon copy of Service Report dated 20.08.2009
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