Haryana

Ambala

CC/266/2016

Sanjeev Gupta - Complainant(s)

Versus

M/s Voltas ltd. - Opp.Party(s)

Jaideep Prashar

21 Dec 2017

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        :  266 of 2016

                                                          Date of Institution         :  04.07.2016                                                                

                                                         Date of decision   : 21.12.2017

 

Sanjeev Gupta s/o Shri Chaman Lal Gupta, resident of H.No. 126, Sector-1, HUDA, Ambala.

……. Complainant.

Vs.

 

1.       M/S  Voltas Ltd, 1^st  Floor, A-43, Mohan Cooperative, Industrial Estate, Mathura Road, New Delhi- 110044, through its authorized signatory.

2.       M/s Broadway Agencies, SCO-368, Sector-35-B, Chandigarh, through its authorized signatory.

3.       M/s C.Lall  Marketing Pvt. Ltd. AMC 1784-85/V, Near Khera, Ambala City, through its authorized signatory.

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                           

 

 

Present:       Sh.Jaideep Prashar, counsel for the complainant.

                   Sh. Sandeep Kashyap, counsel for the OP No.1.

Sh. Amit Sharma, counsel for the OP No.3.

OP No.2 already ex parte.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that complainant had purchased 4 (four) Voltas all weather Air Conditioners from Opposite party no.3 vide Invoice no.538, dated 01.06.2015 for Rs. 1,64,109/-. The complainant got installed the said Air Conditioners as per the advice of Sales Executive of OP No.1. After about 10/12 days the said 4 air conditioners proved to be defective. The said Air conditioners operate for one or two hours and thereafter  stop working  and the display  shows F1 and F2 repeatedly. The complainant lodged  four complaints to the service centre of OP No.1 in this regard in the month of June-2015,  upon  which the representative of OP No.1 assured the complainant that the grievances of the complainant would be sorted out very soon but in vain. Thereafter,  the complainant also informed  the OP No.1 through  several E-mails and the representative  of the OP No.1 has visited  the premises  of the complainant  number of times but the said defect of the air conditioners has not been rectified and the complainant is facing the same problem. The air conditioners stop operating  after one/two hours and have to be switched on repeatedly but in the night it is very difficult to switch on the air conditioner time and again.

Lastly on 09.05.2016 the representative had visited the premises of the complainant  and checked all the four air conditioners and found  the same problem. The said representative of OP No.1 orally  told that there is manufacturing defect in all the four air conditioners and assured that he will send the complaint to the company i.e. OP No.1 and very soon the matter will be solved but till today nothing has been done in this regard. In this way, the complainant has suffered a financial loss and mental harassment. Hence, the present complaint.

2.                Registered notice issued to Op No.2 but none has turned up on his behalf and he was proceeded against ex-parte vide order dated 21.10.2016. Upon notice, OPs No.1 and 3 appeared through counsel and tendered written statement raising preliminary objections qua complaint is not maintainable, no locus standi and jurisdiction and the complainant had not come before the Court with clean hands. On merits, OPs No.1 and 3 stated that the all times the technician, who was visiting the premises of the complainant, stated the fact about the low and high voltage at the premises of the complainant. But in spite of this, the complainant has failed to manage the same. So, there is no deficiency in service on the part of OPs No.1 & 3 and prayed for dismissal of the present complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-X with documents as annexure C-1 to C-10 and close his evidence. On the other hand, Counsel for the OPs No.1 & 3 tendered affidavits as Annexure R/A & R/B and close their evidence.

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

5.                The plea of complainant is that he had purchased the four ACs from OP No.3 and installed in his premises but the ACs in question were not functioning properly as they were got switched off automatically after 2/ 3 hours during the warranty period but despite that his grievance could not be redressed  forcing him to approach this Forum.

5.                On the other hand, counsel for OPs No.1 to 3 argued that the complainant had lodged complaints regarding problem in Air conditioners, therefore, technical engineer had  visited to the house of the complainant and on inspection it was  found that there was voltage fluctuation problem at the premises of the complainant and not in ACs. This fact was also brought to the notice of the complainant but he failed to manage the same.

Purchasing of ACs from the OP No.3 is not disputed and it is also not disputed that the complainant had lodged complaint regarding non working of the ACs properly. It is specifically mentioned in the reply filed by OPs No. 1 & 3 that engineer had visited the premises of the complainant and found that there was voltage fluctuation problem at the premises of the complainant and not in ACs. This fact was also brought to the notice of the complainant but he failed to manage the same. It was for the complainant to prove the manufacture defect in air conditioners in question, the complainant has to file the application under Section 13(1)(c) of C.P. Act to this Forum which is relevant to verify the manufacture defect. As per Section 13(1) (c) says  that “Where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the District Forum shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of  forty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum”

6.                     In the present case, the complainant fails to file any application under the above provision nor he filed any report of private expert to prove that the ACs  were  having any manufacture defect or any other problems as stated by him in the complaint. In this way, the complainant failed to prove his case the absence of cogent evidence. There is no deficiency on the part of the opposite parties. So, the complaint is hereby dismissed with no order as to costs. Copies of the order be sent of parties concerned as per rule. File be consigned to record room after due compliance.

Announced on :21.12.2017                                          (D.N. ARORA)                                                                                                         President

 

    

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    (PUSHPENDER KUMAR)

                                                                                                          Member

 

 

                                                                                                  (ANAMIKA  GUPTA)

Member