ORDER

Per NIPUR CHANDNA, MEMBER

The complainant purchased Ac of Koryo make from OP2 no 2 for a sum of Rs. 15,789.97 vide invoice bearing number 151820801 dated

Page 1 Order 116/12

8/5/2011. It is alleged by the complainant that within four months of the purchase , the AC started giving problems . The complainant made a complaint regarding the defective AC to the OP vide complaint number 348315 in the month of September , 2011. It is further alleged by the complainant that after making repeated telephonic calls, and several  visits, the officials of the OP insisted his place and told him that there is problem of gas leakage and the same can be rectified by filing the gas.  It is further alleged by the complainant that after several requests the officials of the OP come for filing the gas. At the time of filing  of gas, the official told the complainant that there is a hole in the compressor and the same could be rectified by welding.  The official of the OP also suggested to the complainant that the compressor is a defective one and he should get it replaced by the complainant.  The complainant approached the OP several times for the redressal of his grievance but all in vain. Hence, this complaint.

     The OP has contested the complaint and has filed a reply. Para 2 of the preliminary objection of the written statement reproduced as under supports the contention of the complainant.

2.That the present complaint is wholly misconceived and is liable to be dismissed as such.  The service engineer of the OP had personally visited the house of the complainant, pursuant to the complaint lodged by the customer bearing no 348315 in respect of the Koryo air conditioner purchased by him.  The complainant was prompty attended by the service centre personnel of the company.  The complainant has himself stated in his communication dated 15^th of February 2012 that the engineers of the company had filled gas and fixed the pipes and thereafter informed that the compressor of the A.C. was

Page 2 Order 116/12

defective. After the new compressor was received from the company several telephonic calls were made by the engineer of the respondent & Manjeet but the complainant refused to get the compressor repaired and insisted on replacement of the A.C. and refund of the amount which was totally unwarranted.  The engineer sent by the OP had assured the customer that the A.C. in question would be repaired but the complainant refused to get the A.C. repaired for reasons best known to him.

The OP has contested the complaint on merits and has claimed that the complaint is without any merits and liable to be dismissed.

     Complainant in the replication has reiterated the facts of the complaint.  In the evidence the complainant has filed his own affidavit Sh. Vivek  Kumar assistant Manager has filed evidence on behalf of the OP.  In their affidavit  both the parties have supported their version stated in the complaint and written statement respectively.

     We have heard arguments advanced at the bar and have perused the record.

     The complainant has placed on record a copy of invoice and  a copy of legal notice dated 13.5.2012 sent to the OP.  The OP was not denied that there is a defect in the AC, the copy of the Job Sheet placed on record by the OP clearly reveals that there is a problem of gas leakage in the AC and when the engineer of the OP tried to rectify the same , he came to know that the compressor is a defective one.  It appears to us that the AC has some inherent defect that is why it did not work properly even after a few month. 

In the light of the above facts/ discussion we are of the considered

Page 3 Order 116/12

opinion that the AC in question is a defective one.   We hold the OP liable for deficiency in services and unfair trade practice under the Consumer Protection Act.   So, we allow the complaint and order/ direct OP as under:

1. Pay to the complainant a sum of Rs. 15,789.97 being the cost of the AC along with interest @ 10% p.a. from the date of institution of this complaint i.e. 3/5/2012 till payment.
2. Pay to the complainant a sum of Rs. 10,000/- as compensation for pain and agony.
3. Pay to the complainant a sum of Rs. 2,500/- towards litigation charges.

The OPs shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  IF the OPs fail to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

    Copy of the order be made available to the parties as per rule.  File be consigned to record room.

    Announced in open sitting of the Forum on.....................