Delhi

North

CC/82/2019

ABDUL QUDDUS KHAN - Complainant(s)

Versus

M/S. MANOJ AUDIO VIDEO & OTHERS - Opp.Party(s)

22 Aug 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

CONSUMER COMPLAINT No.: 82/2019

 

Sh. Abdul Quddus Khan

S/o Late Sh. Abdul Qadir Khan,

495/1, Gali Tikay Wali,

Choori Walan, Delhi-110006.                                                                       …                                          Complainant

                                                                                                Vs

M/s Manoj Audia Video,

3739, Netaji Shubhash Marg,

Darya Ganj, Delhi-110002.                                                                           …                              Opposite Party No.1

                       

Lloyd A/C Company,

Branch office:

17 Punj Lloyd House,

18, Nehru Place Road,

Delhi-110019.

Also at:

904, Surya Kiran Building,

K. G. Marg, Delhi-110001.                                                                         …                       Opposite Party No.2

 

M/s Cool Card

Authorized Service Center of Lloyd

1223, Main Faiz Ganj,

Bahadurgarg Road,

Delhi-110006.                                                                                               …                              Opposite Party No.3

 

ORDER/

22/08/2023

 

Ashwani Kumar Mehta, Member:

 

1.            The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the complainant is a senior citizen and suffering from old age ailments and his doctor had advised him to use an air conditioner (AC). On 24/04/2018, the complainant approached the OP-1 and enquired about AC. The OP-1 suggested the complainant that Lloyd is one of the best AC brand with one year guarantee and also have good sales services and as advised, the complainant bought Lloyd 1.5 Ton Split AC LS-19AA3 for a sum of Rs.27,000/- from his savings which he managed from the pensions received from the govt. department. The AC was installed at the premises of the complainant on 28/04/2018 by Sh. Javed, an executive on behalf of OP-3. After 2 days of installation i.e., 30/04/2018, the water leakage started from the AC and it stopped cooling. Aggrieved by this, the complainant lodged a complaint with OP-1 as well as OP-3. Later the same person, who had installed the AC i.e., Sh. Javed, came alongwith another technician to the complainant’s premises, to whom the complainant explained the problems and in response, the executive (Sh. Javed) informed that sometimes, it happens in the beginning and this kind of problem gets resolved automatically in due course of time when the various parts of the AC will come in their routine flow. After one month, the AC started showing acute problem with regards to its working and the complainant lodged several complaints with OP-1 and OP-3 but OP-1 started adopting a very indifferent and hostile attitude towards the complainant and told him that they are not able to provide this much service and they are not accountable for the service of the said AC and further told that the OP-3 is an authorized service centre to look f after sales services and gave the contact number of OP-3 to the complainant. As per the instructions of OP-1, the complainant contacted OP-3 and Sh. Javed visited the premises of the complainant again and told that the said AC is having manufacturing defect but he refused to mention said remark/opinion in writing stating that if he did so, his contract with the Lloyd company will be discontinued and he will lose the job. Thereafter, the complainant’s daughter through her mail id sweetshyna2403@gmail.com lodged complaints on the email address of the OP-2 & 3 i.e., perfectservice@lloydmail.com regarding the problems which they are facing with the AC. The complainant’s daughter made these complaints through phone also but she forgot to keep record. Despite all the complaints filed, the OP hardly bothered and put the complaint on hold for 3 to 4 days. The complainant states that complaints were lodged with the OP-2 & 3 through email also but didn’t get any response. The complainant contends that the AC has been causing problems from the very first week and it is becoming a burden as he is paying Rs.500/- for a service after every 15 days.

 

2.           The complainant has filed (a) the purchase bill dated 24/04/2018 and (b)  copy of all the emails dated 17.07.2018 at 07:04 PM, 17.07.2018 at 07:32 PM, 18.07.2018 at 08:42 PM, 15.04.2019 at 03:27 PM and 15.04.2019 at 05:20 PM sent by his daughter and copy of  replies to these emails from OP-2 dated 17.07.2018 at 07:23 PM, 15.04.2019 at 03:28 PM and 15.04.2019 at 05:2018 PM by OP along with a copy of date, time schedule of complaints lodged telephonically. The Complainant has filed the complaint praying for directions to:-

1. The Opposite Party be directed to either replace the faulty AC or to refund the amount paid by the Complainant to the tune of Rs.27,000/-.
2. The Complainant be compensated to the tune of Rs.27,000/- for mental agony and harassment caused to him in due course of time.
3. The cost of litigation may kindly be awarded to the Complainant to the tune of Rs.10,000/-
4. Any other relief which this Hon’ble Court may deem fit and proper may kindly be given in favour of the Complainant and against the Opposite Parties.

3.            Accordingly, notices were issued to the OPs to defend the complaint before this commission but the OPs neither appeared nor did send any communication despite service of the notice. Since the OPs chose not to appear despite service and have been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records which are sufficient to prove that the complainant was facing problems due to defects in the AC since beginning and the OP-2 & 3 have failed to provide a functional Air-conditioner to the consumer/complainant (a senior citizen and pensioner) who purchased it for comfortable living. In view of these circumstances, we are of the considered view that the complainant has suffered directly due to deficient service of the OPs in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

4.           Therefore, we feel appropriate to direct the OP-2 (M/s Lloyd A/C Company) to pay Rs.27,000/- (Rupees Twenty Seven Thousand Only) within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 24.04.2019 (date of filing of complaint) till the date of the payment. Besides, the OP-2 & OP-3 are also directed to pay Rs.20,000/-(Rupees Ten Thousand only), jointly and severally, as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OPs to the Complainant within the period as directed above, the OPs shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

5.            It is also directed that the Complainant shall handover the defective AC to the OP-2 after receiving the amount as ordered above.

6.           Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

ASHWANI KUMAR MEHTA                                     HARPREET KAUR CHARYA

                                                        Member                                                                            Member   

                                                DCDRC-1 (North)                                                            DCDRC-1 (North)

 

 

DIVYA JYOTI JAIPURIAR        

                                                                                               President

                                        DCDRC-1 (North)