Haryana

Charkhi Dadri

cc/49/2020

Ramesh Kumar - Complainant(s)

Versus

M/S Soni Electronics - Opp.Party(s)

Sh. Rohtash Chahar

04 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

                  COMMISSION, CHARKHI DADRI.   

 

                    Complaint No.       49 of 2020 

                    Date of Institution:07.07.2020

                    Date of order:     :04.04.2024 

Ramesh Kumar aged 42 years son of Gugan, resident of village Ghasola, Tehsil and District Charkhi Dadri.

..Complainant.

                    VERSUS

1.M/s Soni Electronics, 5, Mangal Market, Charkhi Dadri, Tehsil & District Charkhi Dadri through its Proprietor/owner.

2.Head Office, Godrej & Boyce Manufacturing Company Ltd, Pirojshanagar, Vikhroli, Mumbai-400079, India.

3.HDFC ERGO General Insurance Company Limited registered & Corporate Office: 1^st Floor, Leela Business Park, Andheri Kurla Road, Andheri (E) Mumbai-400059.

                                ..Opposite parties.

  COMPLAINT UNDER THE CONSUMER PROTECTION ACT,

 

Before- Hon’ble Manjit Singh Naryal, PRESIDENT.

Hon,ble Dharam Pal Rauhilla, MEMBER.

 

Present:Sh. Rohtash Chahar Adv. for complainant.

        Sh. Vijay Chauhan, Adv. for OP No.1.

        Sh. Amarjeet, Adv. for OP No.2.

        Sh. Vinod Chahar, Adv. for OP No.3.

ORDER

          Ramesh Kumar (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite parties (hereinafter referred to as “the OPs”) with the averments that the complainant had purchased an Air Conditioner make Godrej for a sale consideration of Rs.34,000/- vide invoice no.2052 dated 11.07.2018 alongwith 4 KW Stabilizer of Rs. 4,000/- vide invoice no.2057 dated 11.07.2018 from OP No.1. At the time of purchasing of Air Conditioner, complainant has got warrantee, which is mentioned in the user guidelines of AC. It is averred that an extended warrantee of air conditioner with HDFC ERGO Insurance Company Ltd. for the period from 11.07.2019 to 10.07.2020 was obtained by the complainant. The abovesaid Air Conditioner worked well for 23 months but after that it stopped working. So complainant requested OP no.1 many times to get it repaired or replace the same but the OP no.1 did not repair & replace inspite of many requests. The complainant made many requests to OP no.2&3 to change the defective Air Conditioner but he did not take any action and that amounts to a grave deficiency in service on the part of the OPs. Hence, the complainant has come to this Commission and filed the present complaint with the prayer to direct the OPs to replace the Air Conditioner with new one and further to compensate the complainant to the tune of Rs.50,000/- for harassment, mental agony and for rendering deficient services and litigations besides any other relief which this Commission may found deem fit and proper.

2.          In written statement, OP no.1 has submitted that the complainant has purchased the Air Conditioner alongwith Stabilizer from respondent no.1.  As per terms and conditions of the company, the company has given one year warranty on the said AC and on expiry of the warranty period no responsibility remained upon the answering OP to repair or replace the said Air Conditioner. The complainant got the warranty extended from OP no.3. There is no deficiency in service on the part of OP no.1 and thus, prayed for the dismissal of the present complaint qua OP no.1.

        In written statement, OP no.2 has submitted that the complainant had taken the AMC (Extended warranty) from OP no.3. The complainant made complaint to OP no.2 vide no.325614 dt.15.06.2020 & No.327106 dt.24.06.2020 The OP no.2 received the complainant and deputed technician  to  address the complaint. The technician visited but as per invoice the product was found out of warranty and informed the complainant that there would be charges for the service. The complainant refused to pay the service charge etc. Thus OP no., prayed for the dismissal of the present complaint.

        In a written statement, OP no.3 has submitted that an extended warranty insurance policy bearing policy no.2999201867957001000 valid from 11.07.2019 to 10.07.2020 was taken by the complainant from OP no.3 i.e. HDFC ERGO General Insurance Co. Ltd. It is averred that claim was lodged on 22.06.2020 with respect of cooling issue that after the claim was lodged, the parts were replaced (Condenser coil replaced & Gas Charging done) and the device was returned to the complainant. It is submitted that complainant was given cashless services and an amount of Rs. 12390/- against the repair cost paid by the answering OP. There is o deficiency in service on the part of OP no.3 and thus, prayed for the dismissal of the present complaint qua OP no.3.

3.      The complainant in support of his case has filed his affidavit Ex.CW1/A and tendered the documents Ex.C1 to Ex.C4 and evidence of the complainant was closed.

4.      On the other hand, the counsel for OP no.1 has filed affidavit Ex.RW1/A and documents Ex.R1 & Ex.R2 and closed the evidence on 15.09.2023.

        The counsel for OP no.3 has filed affidavit Ex.RW2/A and documents Ex. R3 to Ex. R5 and closed the evidence on 10.10.2023.

        Evidence of OP no.2 was closed by the order of this Commission on 16.11.2023

5.      We have heard the arguments advanced by learned counsel for both the parties.  All the documents have been perused very carefully and minutely.

6.      In the present case, there is no dispute with regard to the fact that the complainant had purchased Air Conditioner from OP no.1 viz. M/s Soni Electronics (Dealer/seller of the product) vide bill Ex.C1 and OP no.2 viz- Godrej & Boyce Manufacturing Co. is a manufacturer of the said AC. Also there is no dispute with regard to the fact that after completion of warranty period of one year that Air Conditioner of the complainant was insured with the OP no.3 under policy no. 2999201867957001000 valid from 11.07.2019 to 10.07.2020 for the said AC. The OP no.1 had sold the AC to the complainant and has no direct role in regard to repairing of the product. The OP no.2 is the manufacturer, who had given warranty for one year for the product. The complaint for non working of the AC was lodged after expiry of warranty period of one year. There is no report from any technical for manufacturing defect in the product. Hence, OP no.2 is not under obligation to provide free service. The onus of service of the product lies in the OP no.3 viz. HDFC ERGO General Insurance Co. Ltd. with whom the complaint has AMC for the period from 11.07.2019 to 10.07.2020 under the policy no.2999201867957001000. In between the complainant had incurred an amount of Rs. 5800/- on 18.08.2019 for repairing of the AC (Ex.C4). As mentioned in the reply of the OP no.3, the claim was lodged with them on 22.06.2020 with respect to cooling issue with the AC. Thereafter, OP no.3 replaced Condensor Coil and gas charging to the AC. The OP no.3 had given cashless services and paid an amount of Rs. 12,390/- to the complainant through NEFT ref. no.N1199201190190038 by crediting his account no.5385195432. The said facts have not been reflected by the complainant.

            Based on the above-mentioned facts and documents placed on record, we observe that OP no.1&2 are not liable for any deficiency in services. AS regards liability of OP no.3 had provided services but made payment of expenses incurred by the complainant for Rs. 12,390/- after filing of the present complaint. Had the complainant not filed this complaint, the payment could have not been made to the complainant at his own. Hence, OP no.3 is liable for deficiency in service. As regards request of the complainant for replacement of the AC, the same finds no merit as after service, no complaint was lodged by the complainant and no report of any technician was placed on record for  non functioning of the Air Conditioner and replacement thereof.

        In the light of facts and observations narrated above, we allow the complaint partially to the extent that the complainant was compelled to file the present complaint as the HDFC ERGO General Insurance Co. Ltd deficient in providing cashless services and payment of expenses was made on 17.07.2020 after filing this complaint and an award is passed directing the OP no.3 as under:-

i.To pay Rs. 3,000/- as compensation towards pain and mental agony and Rs. 3,000/- as litigation expenses.

7.      Certified copies of the order be supplied to the parties free of costs and file be consigned to the record-room.

Announced:                     

Dated:04.04.2024