Delhi

East Delhi

CC/426/2016

BIJENDER - Complainant(s)

Versus

NEELKANTH ELEC - Opp.Party(s)

07 Nov 2019

ORDER

                  DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                 

                                                                                                  Consumer complaint no.          426/2016

                                                                                                  Date of Institution                  01/09/2016

                                                                                                  Order Reserved on                 07/11/2019

                                                                                                  Date of Order                          08/11/2019  

                                                                                                        

In matter of

Mr. Bijender Rathod 

s/o- Sh Badan Singh Rathod

R/o  T 300, Gali no. 7

Gautam Puri, Delhi 110053.………………………………….……….Complainant                                                                  

                                                                     Vs

 

1-The Manager,   

Neel Kanth Electronic  

 IX/2267 Main Road Kailash Nagar, Delhi 110031

 

2-The Manager,

Panasonic India Pvt Ltd

1^st Floor ABW Tower IFFCO Chauk

M G Road, Gurugram Haryana…………………………………..….Opponent

 

Complainant…………………………………..In Person  

Opponent 1...……………………………….. Mr Anil Misra Advocate

Opponent 2…………………………………… Ms Surbhi Banka Advocate & Mr Raghu Tandon-AR

 

Quorum            Sh Sukhdev Singh       President

                           Dr P N Tiwari               Member                                                                                                   

                           Mrs Harpreet Kaur     Member

 

Order by Dr P N Tiwari  Member 

 

Brief Facts of the case

 

Complainant purchased Panasonic AC from OP1 for Rs 26,500/-on 30/06/2015 vide invoice no. NE/2015-16/992 (Ex CW1/1). The AC developed problem, so lodged complaint with OPs through customer care vide complaint no. R100616496 on 10/06/2016 and also speed post on 21/06/2016 (Ex CW1/2), but complaint was neither attended by serviceman nor replied. Seeing callous attitude of OPs, filed this complaint for getting AC repaired or replaced with new AC or refund of cost of AC Rs 26500/-.    

OP1/seller in their written statement denied all allegations of alleged in complaint and stated that no defective product was sold as complainant had examined the AC and was installed as per OP2/manufacturer’s terms and conditions. It was stated that AC had one year standard warranty and any working problem, OP2/manufacturer of the product was responsible. Hence there was no deficiency in selling AC so be exonerated from the array of party.

OP2/manufacturer/Panasonic denied all the allegations and submitted that the said product had no manufacturing defect neither at the time of purchase or at the time of installing. Their serviceman after attending complaint found that the compressor had physical damage which could not be repaired and required to be replaced and estimate about Rs 9000/-was given, but complainant refused to pay and insisted for replacement of compressor free of cost as his AC was under warranty. It was denied that OP2 ever promised for free replacement of compressor so there was no deficiency in their part.

Complainant filed rejoinder to both written statements and denied all the replies submitted by OP. Complainant relied on all his facts and evidences on record. Complainant also submitted evidences through his own affidavit and reaffirmed that evidences as invoice (Ex CW1/1) and complaints sent to OPs (Ex CW1/2) were sufficient to prove deficiency of OPs as AC had manufacturing defect, so AC be ordered for replacement or refund of cost.        

OP1 submitted evidences on affidavit through Mr Surendra Kumar Sharma, Proprietor and reaffirmed on oath that as per their evidence OPW1/1, product was purchased by complainant in good working condition and thus there was no deficiency on their part. So they were not responsible for refund cost of AC or replace with new one.

OP2/ Panasonic as manufacturer submitted their evidence through Mr Arjun Tanwar AR who submitted that complainant was intimated well in time for replacement of compressor as it had physical damage and such damages did not cover warranty terms and condition where free replacement was done. Hence, OP2 were not entitled to pay compensation, but AC compressor had warranty so complainant could avail services as per conditions, but replacement of damaged compressor cost would be borne by complainant.

Arguments were heard from both the party counsels. After perusal of material on record, order was reserved.     

We have gone through all the facts and evidences on record. It was admitted by OP that the said AC had no manufactured defect and complainant had failed to prove by any evidence. As it was neither disclosed by complainant about physical damages nor OP2 refused to extend services under warranty conditions, so we could not find any deficiency on OP by any evidence submitted by complainant. Thus this complaint deserves dismissal, but compressor had physical damage, so if complainant wishes to get replaced, may get it replaced through OP2 after paying its actual cost within 30 days from receiving copy of this order, but OP2 shall not take their service charges. There shall be no order to cost or compensation.

 

The copy of this order be sent to the complainant as per Regulation 18 (6) of the Consumer Protection Regulations, 2005 (in short the CPR) and file be consigned to the Record Room under regulation 20 (1) of the CPR.

 

(Dr) P N Tiwari, Member                                                                         Mrs Harpreet Kaur, Member                                                                                                                                                                                                      

                                                

                                                    Sukhdev Singh President