Delhi

North West

CC/1125/2015

KETAN RANA - Complainant(s)

Versus

OM ELECTRONICS - Opp.Party(s)

04 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM: NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

 

CC No: 1125/2015

D.No._______________                                       Dated:________________  

IN THE MATTER OF:

 

KETAN RANA S/o SH. SATYAWAN,

R/o 430, SHAHBAD DAULATPUR,

DELHI-110042.    … COMPLAINANT

 

 

Versus

 

1. M/s OM ELECTRONICS,

SHOP No. 15, 18, DDA MARKET-3,

SECTOR-6, POCKET-B-2, ROHINI, DELHI-110085.

 

2. LAXMI AIRCON,

    BC-32, MANGOLPURI INDL. AREA,

    PH-II, DELHI-110083.

 

3. PANASONIC,

12^th FLOOR, AMBEIENCE ISELAND,

NH-8, GURGAON (HARYANA).… OPPOSITE PARTY(IES)

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

                                               Date of decision: 04.12.2017

SH. BARIQ AHMED, MEMBER

ORDER

1.       The complainant has filed the present complaint against the OP under section 12 & 14 of the Consumer Protection Act, 1986 thereby alleging that the complainant bought a Split Air-Conditioner from OP-1 on 29.11.2013vide retail invoice no. 2013-

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2014/1594 for a sum of Rs.25,689/- excluding VAT @ 12.5%. The complainant further alleged that at the time of purchasing the AC the complainant was assured by the official of OP-1 that the AC is of very good quality and it will work very well and warrantee on the compressor is for 5 years and on the assurance given by the official of OP-1 the complainant bought the AC. In the month of September-2015, the AC started giving trouble and the cooling of AC was not proper and the complainant approached to OP-3 on 18001031333 and one engineer came from OP-2 on 07.09.2015 and found that the compressor is faulty and the engineer said that the visit and gas refill are chargeable with Rs.2,500/- and the engineer received Rs.1,000/- in advance. The complainant further alleged that the engineer again came on 11.09.2015 and refilled the gas and changed the compressor and received balance payment of Rs.1,500/-. Though the compressor is under warrantee for 5 years and the engineer charged the amount and AC is still lying faulty with the complainant after refilling the gas and replacement of compressor and the complainant is cheated by OP for giving the used AC/sample piece. On 20.09.2015, the complainant again booked a complaint with OP and one engineer came at the place of the complainant and said that the gas is empty and will be charged again and there is no any warrantee/guarantee for it and the other

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          functions are also faulty after replacement of compressor.

2.       On these allegations the complainant has filed the complaint praying for direction to OP to refund the price of AC of Rs.28,189/- (i.e. Rs.25,689/- for AC and Rs.2,500/- for refiling and visit charges) with interest from the date of purchasing as well as compensation of Rs.50,000/- for causing mental agony and harassment and has also sought Rs.1,100/- for litigation cost.

3.       None for OP-1 & OP-2 have appeared despite service of notice and they have been proceeded ex-parte vide order dated 30.05.2016. OP-3 has been contesting the complaint and has filed reply. In the reply OP-3 submitted that OP-3 has not sold any defective AC to the complainant and denied that there is any deficiency in service by OP-3. OP-3 further submitted that a complaint was received from the complainant on 07.09.2015 and upon inspection it was found that the compressor is required to be changed and the gas was required to be re-filled and the compressor was changed and the gas was re-filled on 13.09.2015 and the compressor is in warrantee and the complainant was only required to pay for the refill of the gas and service cost and the AC was working to the satisfaction of the complainant. OP-3 further submitted that the complainant once again made a complaint on 20.09.2015 and the service person

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          inspected the AC and it was found that the gas had leaked from the indoor unit and was required to be re-filled. OP-3 further submitted that the complainant did not allow the engineer to re-fill the gas and for the said reason, the gas could not be re-filled. Vide letter dated 23.09.2015, OP-3 informed the complainant that they are willing to re-fill the gas and the complainant was requested to allot a convenient time so that the gas can be re-filled and the AC is made functional to the satisfaction of the complainant and the complainant did not reply to the said letter and did not allow OP-3 to re-fill the gas and make the AC functional and thus the complaint is not maintainable and is liable to be dismissed.

4.       Complainant filed rejoinder and denied the version of OP-3.   

5.       In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. Thecomplainant also placed on record copy of retail invoice no. 2013-2014/1594 dated 29.11.2013 issued by OP-1 and copies of job sheets dated 07.11.2015 & 11.09.2015.   

6.       On the other hand, Sh. Harendra, Authorized Representative OP-3 filed his affidavit in evidence which is as per defence taken by OP-3 in the reply. OP-3 also filed written arguments.

7.       This forum has considered the case of the complainant as well as OP-3 in the light of evidence and documents placed on record. It is

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          revealed that the complainant purchased the AC for Rs.25,690/- excluding VAT. The complainant has setup the case to the effect that the service manager of the OP-3 has informed the complainant on checking the AC that the compressor of the AC is defective, whereas the OP-3 has taken a contradictory stand. In the written statement it is submitted by OP-3 that AC was out of warranty and has not touched the case of the complainant about defective compressor. It goes against the case of the OP-3. Thus, the OP-3 was required to have changed the compressor immediately after lodging of the complaint by the complainant. OP-3 has failed to change the compressor. Moreover, it is not clarified by OP-3 as to why the gas has been leaked. The complainant is not expected to visit the service centre of OP again and again as the AC has been purchased by the complainant to enjoy the life comfortably and not to cause harassment to himself and his family members.It seems that the AC is having an inherent and manufacturing defect.

8.       In these circumstances, this forum is of opinion that OP-3 is guilty of unfair trade practice and deficiency in service.

9.       Thus, holding guilty for the same, we direct OP-3 to

i)        To refund to the complainant the cost of the AC i.e. Rs.25,690/- (rupees twenty five thousand six hundred ninety only) on return of the disputed AC by the complainant.

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ii)       To pay to the complainant Rs.12,000/- for harassment and  mental agony suffered by complainant.

iii)   To pay to the complainant an amount of Rs.1,000/- as cost of litigation.

10.     The above amount shall be paid by OP-3 to the complainant within 30 days from the date of receiving copy of this order failing which OP-3 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP-3 fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

11.     Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 4^thday of December, 2017.

 

 

 

 

BARIQ AHMED                         USHA KHANNA                         M.K. GUPTA

   (MEMBER)                              (MEMBER)                      (PRESIDENT)