DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 697/2016
D.No.__________________ Date: ________________
IN THE MATTER OF:
AYUSH MITTAL S/o SH. RAMIN KUMAR MITTAL,
R/o AP-113 C, PITAM PURA, DELHI.… COMPLAINANT
Versus
1.M/s TIWARI ELECTRONICS,
(THROUGH ITS OWNER),
LP-1/A, NEAR HOTEL CITY PARK,
PITAM PURA, NEW DELHI-110034.
ALSO AT: KP-16, NEAR HOTEL CITY PARK,
PITAM PURA, NEW DELHI-110034.
2. SHARP BUSINESS SYSTEM (INDIA) PVT. LTD.,
(THROUGH ITS OWNER/AR),
AT: 214-221, 38 ANSAL TOWER,
NEHRU PLACE, DELHI-110019.
ALSO AT: PLOT No. A9, 3rd FLOOR, BITS TOWER,
SECTOR-125, DISTT.-GAUTAM BUDH NAGAR,
NOIDA (U.P.)… OPPOSITE PARTY(IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 19.07.2016
Date of decision:29.01.2018
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that he purchased a (1.5 Ton T, 2S White) AC model no.
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AF-A18ST manufactured by OP-2 from OP-1 vide retail invoice no. 142, book no. 3, on dated 19.06.2015 for a sum of Rs.20,500/- in cash and after 7-8 months of the purchase, the AC started malfunctioning and the AC started having problem in cooling and used to auto start and off. On 02.06.2016, the complainant made a telephonic call to OP-2 and officials of OP-2 provided a complaint no. 711949 and the complainant made regular calls to OP-2 till 14.07.2016 and OP-2 was lingering the matter on some false pretext and assured the complainant that the agent/executive will reach within 24 hours and sort out the problem but OP-2 and his agent did not pay any heed on the complaint/request of the complainant tilldate. The complainant further alleged that the complainant through e-mail on 08.06.2016, 14.06.2016 & 17.06.2016 informed to OP-2 about the problem in the AC but OP-2 did not give any satisfactory reply till date. The complainant further alleged that the AC being in warrantee of 3+2 years and have the 1 year free service with OP-2 and the complainant further allegedthat there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OP to replace the old defected AC with a new AC or refund Rs.20,500/- being the cost of the AC as well as
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compensation of Rs.30,000/- for causing him mental agony and harassment and has also prayed for grant of legal expenses of Rs.20,000/-.
3. Notices to OPs were issued through speed post for appearance on 15.09.2016 & 16.11.2016. But none for the OPs appeared on 15.09.2016 & 16.11.2016 despite the fact that OP-1 received the notice personally and notice to OP-2 was delivered on 26.09.2016 as per track report. As such OPs have been proceeded ex-parte vide order dated 16.11.2016.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice no. S. No. 142 dated 19.06.2015 for purchase of AC for total value of Rs.20,500/-, copy of communication details by telephone and copies of e-mail communications.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent andundoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notices of this case from this Forum, the OPs have kept mum and have not bothered to answer the case of the complainant.
6. On perusal of the record, we find that the complainant made
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complaints of his AC to OP-2 within warranty periodbut the defect has not been rectified by OP-2, though it was the duty of the OP-2 to rectify the defect once for all or to replace the product. A customer/consumer is not expected to file complaints frequently in respect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product. Accordingly, OPsareheld guilty of unfair trade practice and deficiency in service.
7. Accordingly, OPsjointly or severally are directed as under: -
i) To pay to the complainant an amount of Rs.20,500/- as the cost price of AC on return of the disputed AC.
ii) To pay to the complainant an amount of Rs.7,000/- as compensation including litigation cost towards mental agony and harassment caused to the complainant.
8. The above amount shall be paid by OPsjointly or severally to thecomplainant within 30 days from the date of receiving copy of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 29thday of January, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
