Chandigarh

DF-I

CC/419/2018

Sonia Minhas - Complainant(s)

Versus

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

Manmohan

11 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/419/2018
Date of Institution	:	24/08/2018
Date of Decision	:	11/02/2019

 

Sonia Minhas W/o Sh. Ranvijay Kumar, R/o H.No.1422 FF, Sector 42-B, Chandigarh, through her Special Power of Attorney Holder Sh.Ranvijay Kumar, R/o H.No.1422 FF, Sector 42-B, Chandigarh.

 

…..Complainant

 

V E R S U S

 

1.      M/s Voltas Limited, through its Branch Manager Office: SCO 201-202-203, 2^nd Floor, Sector 34-A, Chandigarh.

 

2.      M/s Jatindra Electronics, through its Prop. at SCO 2439, Sector 22-C, Chandigarh.

 

3.      M/s Emm Kay Air Conditioning, through its Manager, Office at Plot No. D-174, Phase 8-B, Industrial Area, SAS Nagar, Mohali.

…… Opposite Parties

QUORUM:	MRS.SURJEET KAUR	PRESIDING MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Sh. Manmohan, Counsel for Complainant.
	:	Sh. Sanjay Judge, Counsel for Opposite Party No.1.
	:	Opposite Parties No.2 and 3 ex-parte.

 

PER Surjeet Kaur, Presiding Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are that the Complainant had purchased a new Voltas window A.C HSN-8415 (1 Ton) from Opposite Party No.2 for Rs.23,000/- vide invoice dated 31.05.2018, carrying a warranty of one year. Right from the day of its installation, the said A.C. was making occasional loud noises. A Complaint was lodged with the Customer Care on 01.06.2018 regarding the same, upon which a Technician visited and checked the said A.C. and told that there was not any problem in the A.C. and there might be problem in wiring. The Complainant accordingly got a portion of wiring redone and changed switches & MCB. However, when the problem remained static, the Complainant called the Customer Care on 6.6.2018, pursuant to which on 9.6.2018 a Technician from Opposite Party No.3 visited but at that time the A.C. was not making any noise. The Complainant accordingly requested the Technician to take A.C. along with to check it properly, but the Technician turned down her request stating that a Senior Technician would visit and repair the same on 15.06.2018. The Complainant waited for the Technician and when nobody came, she called the Customer Care on 18.06.2018, who directed her to contact Opposite Party No.3.  Failing to get any support from Opposite Party No.3, the Complainant again called Customer Care on 23.06.2018, 25.06.2018, but to no success. Eventually, the Complainant moved a Complaint in Consumer Helpline on 29.06.2018, pursuant whereof Technician from Opposite Party No.3 came on 06.07.2018 and took the A.C. along with them. Since then the A.C. was lying unrepaired with Opposite Party No.3. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Parties No.2 & 3 despite service, therefore, they were proceeded ex-parte.
3.         Opposite Party No.1 contested the Complaint and filed its reply, inter alia, admitting the basic facts of the case. It has been pleaded that the Complainant has not averred any specific defect in the A.C. Since the A.C. was covered under warranty, the Service Technician of the answering Opposite Party paid the visit and inspected the A.C. and found the same to be in absolute O.K. working condition. It has been further pleaded that there was no problem with the operation of the A.C. as neither did the Complainant ever approach the Opposite Party No.1 for redressal of her grievance nor did the Complainant ever sent any notice to Opposite Party No.1. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party No.1 has prayed for dismissal of the complaint.
4.         The complainant has filed a rejoinder, wherein she has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Party No.1.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record along with the written arguments advanced by the Parties and heard the arguments addressed by the Ld. Counsel for the Complainant as well as Opposite Party No.1 (Opposite Parties No.2 & 3 being ex-parte).
7.         It is evident from Annexure C-2 (Pg. No.18 of the paper-book) that the Complainant purchased one Voltas Window AC HSN-8415 (1 Ton) from Opposite Party No.2 after paying an amount of Rs.23,000/- on 31.05.2018, carrying a warranty of one year. As per the various messages (Annexure C-4 to C-7) the Complainant continuously kept complaining regarding the occasional loud noises coming out of the A.C. in question right from day one after its installation. But despite due follow up the Opposite Parties could not rectify the problem rather Opposite Party No.3 approx. after one month took the A.C. in question for required repair/service and since then the A.C. is in possession of Opposite Party No.3 only till today. 
8.         The stand taken by Opposite Party No.1 (the manufacturer) is that the Complainant has not alleged any specific defect in the A.C. Since the A.C. was covered under warranty, the Service Technician inspected and found it in absolutely fine working condition. Hence, there is no deficiency in service or unfair trade practice on its part.
9.         Significantly, the Opposite Parties No.2 & 3 did not appear to contest the claim of the Complainant and preferred to proceed against ex-parte. This act of the Opposite Parties No.2 & 3 draws an adverse inference against them. The non-appearance of the Opposite Parties No.2 & 3 shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
10.         The written version of Opposite Party No.1 is contradictory in itself, as on one side Opposite Party No.1 has taken a plea that the Complainant never approached it for redressal of her grievance nor did she sent any notice to it, but on the other hand, Opposite Party No.1 is taking a stand that since the A.C. was under warranty hence its Service Technician inspected the A.C. and found the same to be in absolutely fine working condition. We are of the concerted opinion that this dual stand taken by Opposite Party No.1 and pertinently non-appearance of Opposite Parties No.2 & 3 during the pendency of the present proceedings and keeping the A.C. in question in their custody till today amounts to deficiency in service and their indulgence into unfair trade practice.
11.         In the light of above observations, we are of the concerted view that the present complaint of the Complainant deserves to succeed against the Opposite Parties No.1 to 3, and the same is allowed, qua them. The Opposite Parties No.1 to 3 are, jointly & severally, directed:-

(i)     To refund the invoice amount of A.C. of Rs.23,000/- to the Complainant;

(ii)    To pay Rs.10,000/- to the complainant towards compensation for deficiency in service, unfair trade practice and harassment and mental agony caused to her.

(iii)   To pay Rs.7,000/- as litigation expenses.      

                This order shall be complied with by the Opposite Parties No.1 to 3 within one month from the date of receipt of its certified copy, failing which, they shall be liable to pay the amounts at Sr.No. (i) & (ii) to the complainant along with interest @ 9% p.a. from the date of filing of the present Complaint, till its realization, besides compliance of directions as at Sr.No.(iii).

12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
11/02/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]
	Member	Presiding Member