Chandigarh

DF-II

CC/831/2019

Vijay Bajala - Complainant(s)

Versus

M/s Shivalik Electricals - Opp.Party(s)

Gagandeep Goel Adv., Saloni Puri Adv.

03 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

Consumer Complaint  No	:	831 of 2019
Date  of  Institution	:	29.08.2019
Date   of   Decision	:	03.11.2023

 

 

 

 

Vijay Bajala, aged 37 years, son of Sh.Raj Kumar, Resident of House No.326, Sector 28, Panchkula, Haryana PIN 134116

             …..Complainant

Versus

1]  M/s Shivalik Electricals, SCO No.47, Sector 11, Panchkula, Haryana 134108, through its Proprietor/Manager/Authorised Signtory

2]  Panasonic AC Service Centre, Address: 73, Purv Marg, Industrial Area, Phase-II, Chandigarh 160002 through its Proprietor/Manager/Authorised Signatory

2^nd Address: Panasonic India Pvt. Ltd., 2^nd Floor, W-2A, West Wing, Godrej Eternia, Plot No.70, Industrial Area, Phase-1, Chandigarh 160002

3]  Panasonic India Pvt. Ltd., 12^th Floor, Ambience Tower, Ambience Island, NH-8, DLF Phase-3, Sector 24, Gurugram, Haryana 122002 through its Proprietor/Manager/Authorised signatory

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

         MR.S.K.SARDANA                 MEMBER

                                                        

 

Present :   Ms.Shamsheer Kaur, Adv. and Ms.Kashish, Adv. proxy for Sh.Gagandeep Goel, Counsel for the complainant

            None for OP No.1

            Sh.Jujhar Singh, Adv. proxy for Sh.J.S.Bhatia, Counsel for OPs No.2 & 3

 

PER S. K. SARDANA,  MEMBER

 

        The case of the complainant precisely is that he purchased one Panasonic 1.5T 3 Star Air Condition Unit from OP No.1 on 20.4.2019 vide bill Ann.C-1 and it was installed by OP No.1 on 21.4.2019.  It is stated that the said AC was giving cooling problem/issue from the very beginning.  This was reported to OP No.2 and the Engineer sent by OP No.2 checked the AC in question and stated that the Air Conditioner is OK but it was not installed properly by OP No.1 so the moisture has come.  Thereafter, the engineer of OP No.2 again visited the premises of the complainant, checked the AC in question and refilled the gas and assured that the issue has been resolved.  It is submitted that despite refilling the gas and repair by engineer of OP No.2, the problem in the AC remains the same.  Thereafter, the OP No.2 came and replaced the compressor of the Air Conditioner but even after replacement of the compressor of the AC the cooling problem in the AC still persisted and instead it started creating annoying sound while functioning. The complainant reported this too to the OPs on 7.7.2019 and thereafter, two service engineer of OPs visited and inspected the AC again but failed to set it right.  It is submitted that during the whole summer season the OPs failed to rectify the defect in the AC in question.  It is also submitted that the OPs have sold a defective Air Conditioner to the complainant and also failed to rectify the defect in it despite replacing its compressor, as a result, the complainant has suffered harassment, mental agony and financial loss.  Hence, this complaint has been preferred.

 

2]       The defence of OP NO.1 was struck off vide order dated 15.2.2021 due to its failure to file written version despite affording many opportunities.

 

3]       The OPs No.2 & 3 have filed their written version and while admitting the factual matrix of the case, stated that on 25.6.2019 the complainant raised the issue of not proper cooling in the AC Unit, which was checked on 7.7.2019 and after observing that its compressor needs to be changed, the compressor of the AC was changed and Unit was made working properly (Ann.R-2).  Thereafter, the issue of abnormal noise from AC unit was raised by the complainant, which was attended on 27.7.2019 and on inspection it was found that blower of AC was not working properly and it needs to be replaced, but the complainant insisted on replacement of complete AC Unit (Ann.R-3).  It is pleaded that the OP No.3 after taking special approval from the Management, replaced the complete AC unit i.e. Indoor as well as Outdoor Unit of the complainant on 23.8.2019 vide job sheets An.R-4 & R-5 respectively and thereafter, no complaint has been received about the working of AC Unit from the complainant.  The complainant was also asked to sign the Letter of Settlement but he refused and asked for compensation of Rs.20,000/- approx.  It is also pleaded that answering OPs have fulfilled and performed all its obligations and duties towards the complainant and replaced the complete AC Unit of the complainant.  Denying all other allegations and pleading no deficiency in service, the OPs have prayed dismissal of the complaint.

 

4]       Parties led evidence in support of their contentions.

5]       We have heard the ld.Counsel for the contesting parties and gone through entire record.

6]       On the perusal of the complaint, it is gathered that the main grievance of the complainant is that the brand new Air Conditioner purchased by him from OPs in April, 2019 did not work during summer season due to defects and the was also not set right timely by the OPs despite requests.

 

7]       It is an undisputed fact that the complete AC Unit of the complainant was replaced with new AC unit by the OPs on 23.8.2019 as the earlier one was giving problem.

 

8]       It is opined that the complainant and his family member has to suffer during the peak summer season due to supply of defective/faulty AC Unit as well as its non-repair/replacement promptly, which amounts to deficiency on the part of OPs.

 

9]       In view of above discussion and findings, the present complaint is partly allowed against the OPs with directions to the OPs to pay an amount of Rs.10000/- to the complainant for causing mental & physical harassment along with litigation cost of Rs.3000/-. 

         This order shall be complied with by the Opposite Parties jointly & severally within a period of 90 days from the date of receipt of its certified copy.

         Certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                     

03.11.2023                                                                       Sd/- 

(AMRINDER SINGH SIDHU

PRESIDENT

 

 

Sd/-

(S.K.SARDANA)

MEMBER