Tamil Nadu

North Chennai

139/2014

V.Rajagopal,S/o.G.Velayutham pillai - Complainant(s)

Versus

M/s.Panasonic India Pvt.Ltd,Rep by its Branch Manager - Opp.Party(s)

M/s.P.Sreenivasan-com

26 May 2017

ORDER

 

                                                            Complaint presented on:  23.06.2014

                                                                Order pronounced on:  26.05.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

FRIDAY THE 26^th DAY OF MAY 2017

 

C.C.NO.139/2014

 

 

V.Rajagopal,

S/o G.Velayutham Pillai,

No.23/7, Flat No.7, Sai Darshan Apartments,

South Gangai Amman Koil 2^nd Street,

Choolaimedu, Chennai – 600 094.

 

                                                                                    ….. Complainant

 

..Vs..

1. M/s. Panasonic India Pvt. Ltd.,

Rep. By its Branch Manager,

“SPIC BUILDING” Annexe, 6^th Floor,

No.88, Mount Road, Guindy, Chennai – 32.

 

2. M/s. Rathna Cools Pvt. Ltd.,

Rep. by its Managing Director,

No.36/1, Rajabather Street,

T.Nagar, Chennai – 600 017.

 

3. M/s Seakool Refrigeration,

Rep by its Authorised Signatory,

19/10 Neelakandan Street,

Choolaimedu, Chennai – 600 094.

 

 

4. M/s Panasonic India Pvt. Ltd.,

Rep. by its Managing Director, Mr.Manish Sharma,

First Floor, ABW Tower, IFFCO Chowk,

MG Road, Gurgaon Sector – 25,

Gurgaon – 122 001, Haryana State.

.....Opposite Parties

Date of complaint                                 : 17.07.2014

Counsel for Complainant                      : M/s P.Srinivasan, Geetha Srinivasan

 

Counsel for  1^st  & 4^th  Opposite Parties  : M/s. K.Jayaraman, N.Indhumathi

 

Counsel for 2^nd & 3^rd Opposite Parties    : Ex - parte

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the Opposite Parties to pay the cost of the product and also compensation for deficiency in service and mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant purchased Panasonic Invertors Split 1 ton Ac Machine on 09.06.2012 from the 2^nd Opposite Party/dealer, on payment of consideration of Rs.31,690/-. The Opposite Parties 1 & 4 is the manufactures of the said AC and 3^rd Opposite Party is the service provider.  The said AC machine had one year warranty and the compressor was given 5 years warranty by the manufacturers.

          2. During the first week of February 2014, the said AC machine became defective and has not given effective cooling and hence the Complainant registered a Complaint on 10.02.2014 with customer care.  On 17.02.2014 a representative came and made check and he directed to contact the 3^rd Opposite Party. One Mr.Ananth of 3^rd Opposite Party came and inspected and on 18.02.2014 the technicians gave an estimation for Rs.11,703/-  including to change evaporate coil, gas charging and transportation charges for repair. The 3^rd Opposite Party technicians also informed that a canal is flowing 1000 meters away from the Complainant house and due to change of climatic pollution the machine became defective.

          3. The evaporator coil is the part and parcel of the compressor which is fully covered under 5 years warranty from the date of purchase. Instead of replacing under the warranty the 3^rd Opposite Party gave estimation for Rs.11,703/- only to cheat the Complainant. Therefore failure to replace the evaporator coil and warranty is deficiency on the part of the Opposite Parties. Hence the Complainant filed this Complaint to direct the Opposite Parties to pay the cost of the product and also compensation for deficiency in service and mental agony with cost of the Complaint.

          4. The 2^nd & 3^rd Opposite Parties called absent and set ex-parte.

5. WRITTEN VERSION OF THE 1^st & 4^th OPPOSITE PARTIES IN BRIEF:

          The Complainant purchased a spilt 1 ton Panasonic AC on 09.06.2012 is admitted and the said AC covered under one year warranty and the compressor alone has 5 years warranty. The AC was installed at the Complainant house on 17.02.2014. The Complainant has registered a Complaint for not cooling of the product. The technicians of the Opposite Parties went to the Complainant homes and checked the condition and came to know that the IDU coil has leaked and hence the AC was not working. The Complainant insisted to replace the coil free of cost. The technician informed that there is only one year warranty and hence the warranty is lapsed for replacement of coil. The IDU Coil is not the component or part of the compressor. Only if the compressor is defective within a period of 5 years the same could be replaced at free of cost. Therefore the estimate given by the technicians is correct. The Complainant only refused to pay the spare charge and hence the Opposite Parties have not committed any deficiency in service.

6. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

7. POINT NO :1 

          It is an admitted fact the Complainant purchased Panasonic Invertors Split 1 ton AC Machine on 09.06.2012 from the 2^nd Opposite Party/dealer on payment of consideration of Rs.31,690/- under Ex.A1 bill   and the 1^st & 4^th Opposite Parties are the manufactures of the said AC and the 3^rd Opposite Party is the service provider and  the said AC machine had one year warranty and the compressor was given 5 years warranty (Ex.A2) by the manufacturers and the 3^rd Opposite Party installed the machine on 09.06.2012 and Ex.A3 is the installation order.

          8.  The case of the Complainant is that during the first week of February 2014, the said AC machine became defective and has not given cooling in the room and hence the Complainant registered a Complaint on 10.02.2014 with customer care and on 17.02.2014 a representative came and made check and he directed to contact the 3^rd Opposite Party. One Mr.Ananth of 3^rd Opposite Party came and inspected and on 18.02.2014 the technicians gave  Ex.A5  estimation  for Rs.11,703/-  including to change evaporator coil, gas charging and transportation charges for repair and  the Opposite Parties  technicians  refused to  change the coil  at free of cost even though 5 years warranty is available and further the evaporator coil is the part of  the  component of the compressor and failed to change the  same the Opposite Parties have committed deficiency in service.

          9. The Opposite Parties 1 & 4 would contend  that  the evaporator coil is not the component of the compressor and the product is having one year warranty and therefore the evaporator coil  also has one year warranty and the breakdown of the product occurred after one and half year and therefore the evaporator coil was not covered under warranty and that is why Ex.A5 estimation was given and since the Complainant failed to pay the amount as per the estimation of their technician could not attend the work and therefore the Opposite Parties have not committed any deficiency in service.

          10. Ex.A2 is the certificate of warranty for the product purchased by the Complainant. In the said warranty, one year warranty was given to the product and 5 years warranty was given for the compressor alone.  The Complainant would contend that the evaporator coil is the part of the compressor. Hence the Complainant has to establish that the evaporator coil is the part of the component of the compressor. Ex.B1 is the job card for attending the problem by the technician of the Opposite Parties on 18.02.2014.  In the said job card the Complaint written as evaporator coil leak. The Complainant also made Complaint to the customer care that there was no cooling. The Opposite Parties also gave Ex.A7 reply that the evaporator coil has gone faulty and the same needs to be replaced along with gas charging. Since, the Complainant had not established that the evaporator coil is part of the component of the compressor, as contented by the Opposite Parties, it is held that the evaporator coil is not the part of the component of the compressor and therefore the Opposite Parties refused to replace the evaporator coil at free of cost as the same is not covered under warranty and hence it is held that the Opposite Parties 1 to 4 have not committed any deficiency in service to the Complainant.

11. POINT NO:2

Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 26^th day of May 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 09.06.2012                   Cash Bill

Ex.A2 dated 09.06.2012                   Certificate of warranty

Ex.A3 dated 09.06.2012                   Installation order

Ex.A4 dated 18.02.2014                   Break down call report of 3^rd Opposite Party

Ex.A5 dated 18.02.2014                   Estimation given by 3^rd Opposite Party

Ex.A6 dated 19.02.2014                   E-mail from Complainant

Ex.A7 dated 19.02.2014                   E-mail from 4^th Opposite Party

Ex.A8 dated 24.02.2014                   E-mail from Complainant

Ex.A9 dated 26.02.2014                   E-mail from Complainant

Ex.A10 dated 06.03.2014                 E-mail from Complainant

Ex.A11 dated 22.03.2014                 Advocate notice with 3 Acks

Ex.A12 dated NIL                             Reply Notice

Ex.A13 dated 01.04.2014                 AC rental receipt

Ex.A14 21.04.2014                 Letter from 4^th Opposite Party

LIST OF DOCUMENTS FILED BY THE 1st & 4th OPPOSITE PARTIES:
Ex.B1 dated 17.02.2014             Job No PI-ASC-1402-052885   Ex.B2 dated NIL                         Warranty Card   Ex.B3 dated 18.02.2014              Estimation Letter   Ex.B4 dated 20.02.2014              Postal Receipt
MEMBER – II                                                               PRESIDENT