O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint against the O.P. u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant on 17.06.2010 purchased a Voltas Split AC of 1.5 ton for a sum of Rs.25,000/- from OP-1. It is alleged in the complaint that on 26.5.20011 AC became out of order and he contacted the Customer Care and lodged the complaint. It is further alleged in the complaint that the Engineer of OP-3 came to attend the complaint but instead of repairing the AC broke front flap/side cover and blocked the moisture/water pipe which was to flow the water out. Due to which the water started falling on the electricity board. It is alleged in the complaint that the Engineers prepared a service report on which he recorded their activities and signed the same. It is alleged further in the complaint that due to this act of the OPs, the AC has become scrap. The complainant has claimed compensation of Rs.2,00,000/- for the economic loss as well as mental agony.
2. Notice of the complaint was issued to the OPs, OP-2 has filed its written statement whereas OP-1 & 3 were proceeded Ex-parte on 13.9.2012. In the written Statement, the OP denied the allegations made in the complaint and relied upon the service report dated 29.5.2011 which bears signature of the complainant as well as Engineer. It is further averred in the written statement that the AC was in working good condition and the complaint is false and baseless. However, the OP submitted that it is still ready and willing to satisfy the complainant to every extent in case OPs are permitted to carry out the inspection of the unit. The OP has also stated in the written statement that the complainant has misbehaved with Engineers of OP.
3. Both the parties have filed their affidavit and respective documents in support of their claim.
4. The service report dated 29.5.2011 relied upon by both the parties reveals the remarks of engineer as well as of the complainant. The Engineers reported that the cooling is OK and AC is working properly. The complainant has remarked “gas nahi bhari, main shutter ki setting bigardi, service sahi nahi”. It has to be kept in mind that the complaint regarding the AC was made just 5 days before the period of expiry of warranty. This service report is being relied upon by both the parties.
5. During the course of arguments this Forum on 7.1.2015 directed the OP-2 to inspect the AC and file a report. Accordingly, the engineers visited the house of complainant and inspected the AC. The jobcard No.14980 dated 10.1.2015 has been placed on the file. It has been reported by the engineers that the “front panel, swing flap broken, unit in dismantled condition and lying in the store, outdoor and indoor condition OK” . On this inspection report the complainant has made an endorsement that the AC is “complete useless and has become scrap”. The complainant has also filed his affidavit against Inspection Report.
6. We have gone through the record of the case and we find that the complaint against mall functioning of the AC was made just 5 days before the period of expiry of warranty of the product. The undisputed inspection report dated 29.5.2011 filed by the complainant and relied upon by the OP reveals the only grievance of the complainant was regarding “gas nahi bhari, main shutter ki setting bigardi, service sahi nahi”.
7. Since as per subsequent service report dated 10.1.2015 filed by the OP and endorsed by the complainant that the AC has become scrap and useless, therefore the same cannot be repaired at this stage. However, the ends of justice will be met if the complainant is compensated for filling of the gas by the OPs by awarding a sum of Rs.1500/-. Complainant is also awarded a sum of Rs.2,000/- towards mental agony and harassment which will also include cost of litigation. This amount shall be payable within 45 days from the date of order failing which the complainant shall be entitled to interest @ 6@% till its realization. Ordered accordingly.
Copy of the order be sent to the parties as per rules.
Announced on this 26th day of December, 2015.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
