Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 94
Instituted on : 08.02.2021
Decided on : 03.07.2024
Smt. Raj Kumari age 46 years, wife of Sh. Manish Verma resident of #648/11 near Sankat Mochan Mandir Mata Darwaja, Shora Kothi, Gaukaran Road Rohtak(Hr.) 124001.
……….………….Complainant.
Vs.
- Pankaj Electronics Shop No.36, Palika Bazar, Rohtak.
- VOLTAS Customer Care(Service Centre) Vostas B Home Appliances Limited Voltas House-A Dr.Baba Saheb Ambedkar Road Chinchpokli MumbaI-400033.
- VOSTAS Customer Care(Service Centre) 51 SCF Huda Complex Civil Road Rohtak-124001.
...........……Respondents/opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.Manish Sindhu, Advocate for the complainant.
Sh.Raj Kumar in person for opposite party no.1.
Opposite party No.2 & 3 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that she had purchased an A.C. for Rs.20500/- vide bill no.3657 dated 31.05.2019 from the opposite party no.1. But the said AC was having manufacturing defects as the same was not giving proper cooling and was much noisy during its working, for which the complainant approached the respondents many a times for removing its defects. Complainant requested the opposite parties either to remove the defects, to repair or replace the product or to refund the amount in lieu of the product but the opposite parties did not pay any heed to the genuine request of the complainant and always prolonged the matter on one pretext or the other. Complainant also sent a legal notice dated 07.01.2021 to the respondents vide registered post but no reply was given by the opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund Rs.20500/- alongwith interest @ 12% p.a. from the date of its purchase till its actual realisation or to replace the AC with a new one. Opposite parties be further directed to pay a sum of Rs.5000/- as compensation on account of mental agony & harassment and Rs.5000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party no.1 in its reply has submitted that it is wrong to say that the above mentioned air conditioner was having manufacturing defects and the same was not giving proper cooling. The manufacturing company issues all the items to the dealer after checking of the same. All the other contents of the complaint were stated to be wrong and denied and opposite party no.1 prayed for dismissal of complaint with costs.
3. On the other hand, opposite party no.2 & 3 did not appear despite service of notices through registered post, delivery of which have been confirmed through track records. As such opposite party no.2 & 3 were proceeded against exparte vide order dated 24.03.2021 of this Commission.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and has closed his evidence on 27.05.2022. On the other hand, Ld. counsel for the opposite party no.1 has tendered affidavit Ex.R1 and closed his evidence on dated 22.09.2022.
4. We have heard learned counsel for the parties and have gone through the material aspects of the case very carefully.
5. We have perused the documents placed on file by both the parties. As per bill Ex.C3 dated 31.05.2019, complainant had purchased the AC from the opposite party No.1 for Rs.20500/-. As per complaint and affidavit filed by the complainant, the AC in question was defective from the very beginning and was not giving proper cooling but despite her repeated requests, defects could not be removed by the opposite parties. To prove her complainant has placed on record copy of bill Ex.C3, copy of legal notice Ex.C4 and copy of chat/SMSs Ex.CW8. A thorough legal notice dated 07.01.2021 shows that there was cooling issue in the A.C. in question and the defect appeared in the alleged A.C in question within 1½ years of its purchase i.e. within warranty period. As per SMSs made by the complainant on Voltas official channel on whatsapp, complainant also tried to tell the problems related to A.C. Opposite party deputed some representative for contacting the complainant but neither the representative contacted the complainant nor the issues were resolved by the opposite parties. The alleged legal notice was sent to the opposite parties through registered post but no reply was given by the opposite parties to the legal notice. On the other hand, opposite party no.2 & 3 also did not appear before this Commission despite service. As such it is presumed that opposite party no.2 & 3 have nothing to say in the matter and all the allegations levelled by the complainant against the opposite parties regarding manufacturing defect in the alleged A.C. stands proved. Hence there is deficiency in service on the part of opposite parties and opposite party No.2 being manufacturer is liable to compensate the complainant. As such opposite party no.2 is directed to refund the price of A.C. in question after deducting the 25% depreciation on it, as the complainant has used the A.C. in question uninterruptedly for more than 1½ years i.e. to pay Rs.15375/-(Rs.20500/- less 25% Rs.5125/-) to the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.2 to refund the amount of Rs.15375/-(Rupees fifteen thousand three hundred and seventy five only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 08.02.2021 till its realisation and also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
03.05.2024.
........................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
……………………………….
Vijender Singh, Member
