Tamil Nadu

North Chennai

CC/13/2022

Jaiswarub - Complainant(s)

Versus

M/s.Cloudtail India Private Limited,Represented by its Manager - Opp.Party(s)

N.jaiswarub

23 Jan 2023

ORDER

Complaint presented on  : 23.11.2021

      Date of disposal               :23.01.2023

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

    PRESENT : THIRU. G. VINOBHA, M.A., B.L.,                          :PRESIDENT

                                      TMT. KAVITHA KANNAN, M.E.,                          : MEMBER-I

                  THIRU.V.RAMAMURTHY,B.A.,B.L.,PGDLA.,    :MEMBER-II

 

C.C. No.13/2022

 

DATED THIS MONDAY THE 23^rd   DAY OF JANUARY 2023

 

N.Jaiswarub,

No.15, V.O.C. Colony, 3^rd Street,

Aminjikarai,

Chennai-600 029.

                                                                                                           .. Complainant.                                                                          ..Vs..

 

1. M/s.Cloudtail India Private Limited,

Represented by its Manager,

Sy No.352/9, Irrungattukottai B-Block,

Sriperumbudur Taluk,

Kancheepuram District,

Tamilnadu-602 117.

 

2. M/s. Amazon India,

Represented by its Chairman/Managing Director,

Registered Office at

Brigade Gateway, 8^th Floor,

No.26/1 Dr Rajkumar Road,

Malleshwaram (West),

Bangalore-560 055.

Karnataka, India.

                                                                                                           ..  Opposite parties.

 

 Counsel for the complainant                      : Party-In-Person

 

 Counsel for opposite parties                     : Ex-parte.

 

ORDER

BY PRESENT:THIRU.G.VINOBHA,M.A., B.L.,   :PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 35 of the Consumer Protection Act, 2019 prays to direct the opposite party to refund the entire cost paid for purchased the Air Conditioning for a sum of Rs.23000/- and installation  charges for a sum of Rs.1500/- with 18% interest from the date of purchase the product and till the date of disposal of complaint and Rs.100000/- for mental agony and hardship and Rs.300000/- for manufacturing defectives products, deficiency in service and unfair trade practice and Rs.50000/- towards costs.

1.THE COMPLAINT IN BRIEF:

          The complainant submitted that the complainant had purchased the Air conditioning manufacturing by the 2^nd opposite parties, ‘Amazon Basics 1 Ton 3 Star 2020 Split ACT with four stage air filtration from the 1^st opposite party for the cost of Rs.22999/-  with warranty and installed the Air Conditioning on 11.04.2021 charged a sum of Rs.1500/-. The complainant submitted that from the day one of installation from the opposite parties, the complainant facing ‘ON OFF problem, Low cooling, Gas Leaking Issues, Indoor and Out door more noising coming from the air conditioning’ .  The complainant having a 8 months old baby, to avoid the summer hot and suffocation he bought the a/c machine. The complainant immediately informed to the opposite parties and they had not taken any steps to solve the issue. The complainant tried to lodge a complaint for more than 50 times and there is no response. The complainant registered a complaint through online on 06.11.2021 but they did not resolve the complainant’s issue. Further the opposite parties technician informed that he will take instruction from his higher authorities of the opposite parties to take further steps to this issue but there is no further steps has been taken by the opposite parties.  The complainant stated that they confirmed that defects in the A/c indoor and outdoor machine due to gas leakage.  As per the condition of the AC machine they informed that they will get approval from the higher official to do the process of the gas leakage problem. But it was not done. The opposite parties act is deficiency in service and unfair trade practice. Hence prayed that to refund a sum of Rs.23000/- with compensation. Hence this complaint. 

2. POINTS FOR CONSIDERATION:

1. Whether the opposite parties caused any deficiency in service and unfair trade practice as alleged in the complaint?

2. Whether the complainant is entitled to the reliefs prayed in the complaint.

If, so to what extent?

Complainant had filed proof affidavit, written argument and documents Ex.A1 to A4 were marked on the complainant side.  The Opposite parties were set exparte.

3. Point No.1:-

                    The complainant had purchased AmazonBasics 1 Ton 3 Star 2020 Split AC with four stage air filtration from the 1^st opposite party on 08.04.2021 for Rs.22999/- along with warranty and the same was manufactured by the 2^nd opposite party the invoice issued by the 1^st opposite party is marked as Ex.A1 according to the complainant from day one of installation by the opposite party the complainant was facing ON OFF problem, Low cooling, Gas Leaking Issues, Indoor and Out door more noising coming from the new Air conditioner due to which the complainant’s eight month old baby suffered due to hot summer including the other family members and hence the complainant has lodged a complaint with the opposite party toll free number for more than 50 numbers for which there is no response and finally on 06.11.2021 he registered a complaint through online for which a reply message was received but ill this date the problem was not rectified by the opposite party even though the AC machine was covered under warranty and further according to the complainant the opposite party has supplied AC machine in a rusted condition with defect in the Indoor and out door unit and further stated that though the technician from the opposite parties inspected the machine no effective action was taken and hence alleged deficiency in service and unfair trade practice on the part of the opposite party and claimed refund of entire cost along with damages.

          4. The email complaint dated 03.11.2021 sent to opposite party is  marked as Ex.A2. In Ex.A2 that the AC was not working for the last 45 days and though a mechanic visited from the 2^nd opposite party he has not repaired the product and hence the complainant requested to repair the AC.  Though the complainant alleged that the AC was not working properly from the date of installation there is no proof for the same and Ex.A2 complaint was given only in November 2021 which is about six months from the date of purchase which will go to show that the AC was in good working condition till November 2021.  Though the complainant alleged that the opposite parties received Rs.1500/- towards installation charges and also alleged that the complainant has given complaints through toll free number of opposite party about 50 times there is no proof for the same.  It is found from Ex.A3 and A4 Emails sent by the 2nd opposite parties to the complainant that there is no dispute with regard to the machine being covered under warranty for one year.  Though the complainant prayed for refund of the entire cost of the AC machine by claiming that the product is a defective one the complainant has not proved the same by adducing any expert or opinion of a technical person.  But at the same time it is found from the Email reply sent by the opposite party that the service team from the 2^nd opposite party visited the complainants unit but nothing was done to rectify the defect which was pointed out by the complainant which is admittedly happened during the warranty period of one year which is liable to be set right and repaired by the opposite parties as per the warranty condition free of cost which was not done by the opposite parties inspite of Ex.A2 to A4 and several request made  by the complainant which will go to show that the opposite parties 1 and 2 have committed deficiency in service.Point No.1 answered accordingly.

5. POINT NO.2

                    Based on findings given in Point No.1 there is deficiency of service on the part of 1^st and 2^nd opposite parties in not rectifying the defects in the Air Conditioner and hence the opposite parties are directed to rectify the defects and to do necessary repairs free of cost  to the disputed  AC machine within two months from the date of order and a sum of Rs.20000/- as compensation for hardship and mental agony caused to the complainant and to pay Rs.5000/- towards cost of the complaint.

In the result, the complaint is partly allowed.  The 1^st and 2^nd opposite      parties are directed to rectify the defects and to do necessary repairs free of cost to the disputed AC machine within two months from the date of order and the        opposite parties are directed to pay jointly or severally a sum of Rs.20,000/-(Rupees Twenty Thousand only) as compensation and also pay a sum of Rs.5000/- towards cost of this complaint. The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall  carry 9% interest from the date of order till the date of payment.

 Dictated  by the President to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 23^rd  day of January  2023.

 

MEMBER – I                     MEMBER – II                                     PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	08.04.2021	Invoice issued by the 1st opposite party.
Ex.A2	03.11.2021	Complainant sent email to the opposite parties.
Ex.A3	06.11.2021	Opposite parties sent email to the complainant.
Ex.A4	10.11.2021	Opposite parties sent email to the complainant.

 

MEMBER – I                     MEMBER – II                                     PRESIDENT