O R D E R
SHAHINA, MEMBER
The complainant has filed the present complaint against the O.Ps u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant purchased an Onida Window AC of 1.5 ton for a sum of Rs.18,300/- from OP-1 on 6.6.2013. It is alleged in the complaint that from the very first day of installation of the said AC was creating loud noise, the complainant made several complaints. Thereafter the officials of the OP-2 & 3 came on the spot with a new AC and it was installed but it was also creating high noise. The officials of the OP-2 & 3 assured the complainant that they will come again and install a new AC. It is alleged in the complaint that the officials of OP-2 & 3 came on 28.6.2013 and gave in writing to install a new AC but thereafter nobody came back to replace the above said AC till now. It is alleged that the above said AC is technically and mechanically defective and is liable to be replaced as the said AC is under guarantee period. It is alleged in the complaint that the complainant sent a legal notice but the OP neither replied the said notice nor complied with the said notice till date. On these facts complainant prays that O.Ps be directed to replace the above said defective AC and also to pay compensation and litigation cost etc. as claimed.
2. Notice of the complaint was issued to the OPs. OP-2 & 3 have filed their written statement but none appeared on behalf of OP-1, it was proceeded Ex-parte on 9.7.2015. In the written Statement, the OP-2-3 has admitted that the complainant had purchased a window AC from OP-1 after checking the product which was free from all sorts of defects. It has been pleaded that complaint of the noise in compressor as alleged was normal noise which occurs during the running time as created in other window ACs and do not need to be cured as it happens in all other ACs. The same fact has been disclosed by the service engineer to the complainant but for the satisfaction of the complainant the AC was replaced by other new one window AC. It has been further pleaded that the service engineer visited the premises of the complainant several times and found no defect in window AC but the complainant contended that the sound comes from the compressor which was normal but the complainant insisted to replace the window AC. It has been further pleaded that on 18.4.2014 when the service engineer visited to the premises of the complainant he was not allowed to enter and to check the AC and the complainant insisted for installation of new AC. It has been pleaded that the complainant has not come to this Forum with clean hand in as much as the complainant has suppressed the facts relating to failure on his part. Hence the complaint is liable to dismissed on this ground alone.
3. Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint.
4. We have carefully gone through the record of the case and have heard submission of the complainant as well as OPs. It is not disputed that the Onida Window AC of 1.5 ton for a sum of Rs.18,300/- was purchased from OP-1 on 6.6.2013. It is alleged in the complaint that from the very first day of installation of the said AC was creating loud noise. Therefore the officials of the OP-2 & 3 installed a new AC. It has been pleaded that complaint of the noise in compressor as alleged was normal noise during the functioning of the window AC. The complainant has not brought on record any expert opinion to prove that the AC has manufacturing or any other defect. The OPs have already replaced the AC with a new one. It is common knowledge that even the new ACs gives humming noise at the time of starting of the compressor.
5. In view of the above facts and circumstances, we are of the considered view that there is no deficiency on the part of the OPs, therefore, the complaint is liable to be dismissed. Ordered accordingly.
Copy of this order be sent to the parties as per rules.
Announced this 30th day of April, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
