Haryana

Kurukshetra

183/2017

FAryad - Complainant(s)

Versus

New Bajaj - Opp.Party(s)

Sunil Kamboj

13 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.183 of 2017.

                                                     Date of institution: 05.09.2017.

                                                     Date of decision:13.03.2018.

Faryad aged about 45 years, son of Bashir Ahmed, C/o Ashu, Friends Hair Saloon, Indri Chowk, Ladwa, District Kurukshetra.

                                                                        …Complainant.

                        Versus

1. New Bajaj Electronics, near PWD Rest House Chowk, Ladwa, District Kurukshetra, through its Prop./Authorized Signatory (Authorized Dealer of MIRC Electronic Ltd.).
2. Service Centre (M.K.Sadhu), Mandi Back Side, Kurukshetra, District Kurukshetra, through its Prop./Authorized Signatory Shri Pankaj (Authorized Service-centre of Onida Air Conditioner).
3. MIRC Electronics Ltd., Onida House, 4-1, MIDC, Mahakali Caves Road, Andheri East, Mumbai, through its Authorized Signatory (Manufacturer of Onida AC). 

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.

       

Present:     Sh. Sunil Kamboj, Advocate, for complainant.   

                OPs No.1 & 3 exparte.

                Op No.2 given up.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Faryad against New Bajaj Electronic and others, the opposite parties.

2.            It is stated in the complaint that the complainant purchased one Air Conditioner of Onida Company from the Op No.1 for a sum of Rs.31,000/- vide bill No.8441 dt. 23.07.2016.  It is alleged that in the month of August, 2016, the said A.C. started creating troubles such as  leakage of water in indoor unit of the AC and AC had stopped cooling and due to which, the same was not working properly.  The complainant made complaints bearing No.1608F446380875 dt. 27.08.2016, No.1609F446380875 dt. 23.09.2016, No.1608S446380075 and No.1705S446380119 regarding the aforesaid defects of the A.C.  Thereafter, on the said complaints, one employee of company checked the said A.C. and asked the complainant that the defects of the said A.C. are not repairable as the same are manufacturing defects.  It is further alleged that the complainant requested the Ops several times regarding its repair or replace the said A.C. with the new one but the Ops did not listen the genuine request of complainant.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to replace the defective A.C. with the new one or to pay Rs.31,000/- as cost of A.C. alongwith interest @ 18% p.a. and further to pay Rs.50,000/- as compensation for harassment and mental agony as well as Rs.11,000/- as litigation charges. 

3.            Upon notice, the Ops No.1 & 3 did not appear and opted to proceed exparte vide order dt. 18.10.2017.  The Op No.2 was given-up by ld. Counsel for the complainant vide separate statement recorded on 27.12.2017. 

4.             To prove his case, ld. Counsel for the complainant tendered into evidence affidavit Ex.CW1/A and documents Ex.C1 to Ex.C7 and thereafter, closed the evidence on behalf f complainant. 

5.             We have heard the ld. Counsel for the complainant and perused the record carefully and minutely.

6.             From the cash memo, it is made out that the Unit in question was purchased on 23.07.2016 for the sale consideration of Rs.31,000/-. From the perusal of record available on the file, it is clear that the unit became defective within the warranty/guarantee period. In these circumstances, the complainant is entitled to get it replaced from Op No.3, who is manufacturer of the unit in question.

7.            In view of our above said discussion, the complaint of the complainant is allowed and we direct the OP No.3 to replace the defective A.C. of the complainant with the new one of the same model.  The complainant is directed to deposit the old A.C. alongwith bill and accessories, if any, with the service center of the company.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party No.3.  Copy of this order be communicated to the parties.  File be consigned to record after due compliance. 

Announced in open court:

Dt.:13.03.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member