IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31st day of March, 2016
Filed on 01.10.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.292/2015
Between
Complainant:- Opposite parties:-
Sri. Muhammed @ Raju 1. M/s. Lloyd Electric and
Kalkki Bhavan Engineering Ltd., Plot 2,
Vijaya Nagar No.6 Industrial Area, Kalkaji
Behind PSC Office New Delhi – 110 019
Alappuzha (By Adv. Lijo)
2. M/s. Goodmorning Enterprises
Ababeel Complex
Near Stone Bridge, CCSB Road
Alappuzha – 688 011
O R D E R
SMT. JASMINE D. (MEMBER)
The facts of the complaint in short are as follows:-
The complainant purchased an Air conditioner from the second opposite party manufactured by the first opposite party on 4.4.2015 for an amount of Rs.25,400/-. The product has one year warranty. From the date of installation of the said Air conditioner, it shows the defect of low cooling. The defect was intimated to the opposite parties and the service Technician inspected the product and informed the complainant is that the product has manufacturing defect. The complainant registered a complaint before the first opposite party through online on 20.8.2015. But the opposite party failed to either repair the product or to replace the product, the complainant sustained much mental agony and hence filed this complaint.
2. Notice was served to the opposite parties. First opposite party appeared before the Forum, and filed version. Second opposite party did not appear before the Forum and the second opposite party was set ex-parte.
3. The version of first opposite party in short is as follows:-
The complaint is not maintainable. The technician who inspected the AC was not a person authorized by the opposite party also the said AC was installed by a local technician and by not the technician deputed by the opposite party and it is due to their mistake, the gas leakage from the condenser was occurred and the opposite party is ready to replace the condenser, but the complainant demanded for replacement of the AC. This opposite party is not liable for any deficiency in service, so the complaint may be dismissed.
4. Considering the allegations of the complainant and contentions of the first opposite party, the Forum has raised the following issues:-
1) Whether there is any deficiency in service or negligence on the part of the opposite
parties?
2) Whether the complainant is entitled to get the relief sought for?
5. The complainant filed proof affidavit and documents Exts.A1 to A3 were marked. Ext.A1 is the retail invoice dated 4.4.2015 for total amount of Rs.25,400/-. Ext.A2 is the copy of warranty card. Ext.A3 is call details of the complaint. From the documents it can be seen that the complainant purchased an Air conditioner manufactured by the first opposite party and the product became defective during the warranty period and the defect was intimated to both the opposite parties. According to the complainant the defect has not been repaired so far. Admittedly the complainant purchased the AC on 4.4.2015 and the defect was registered on 20.8.2015 ie. immediately after 4 months from the date of purchase. Therefore it is clear that the defect arose within the warranty period, since the defect has not repaired or the product has not replaced even after getting an intimation, so the opposite parties have committed deficiency in service. According to the complainant, the AC was not functioning properly from the date of installation itself. Therefore the opposite parties are liable to replace the product with a new one so the complaint is to be allowed. Since the primary relief of the complainant having been met squarely and adequately we refrain from awarding compensation.
In the result, the complaint is allowed. Opposite parties 1 and 2 are jointly and severally directed to replace the Air conditioner with a new one of the same model /price along with fresh warranty. The opposite parties are further directed to pay an amount of Rs.1000/- (Rupees one thousand only) towards costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order.
Pronounced in open Forum on this the 31st day of March, 2016.
Sd/- Smt. Jasmine.D. (Member) : .
Sd/- Smt. Elizabeth George (President):
Sd/-Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Retail invoice dated 4.4.2015 for total amount of Rs.25,400/-
Ext.A2 - Copy of warranty card
Ext.A3 - All details of the complaint
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
