DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VII(SW)

[GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI]

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SHAKAR BHAWAN

CASE NO. CC/321/2021

                                                        Date of Institutio :  30.09.2021

                                      Order reserved on : 03.05.2023

                                              Date of Order : 11.05.2023         

In the matter of: 

Rampal Singh,

R/O C-83, Main Gopal Nagar,

Najafgarh, South-West Delhi,

New Delhi-110043.

                                                                             ….      Complainant

VERSUS

Priya Kitchen Point,

R-3, A-3/62, Sainik Enclave,

Sector 3, Mohan Garden,

Uttam Nagar,

New Delhi – 110059.                                              ….      Opposite Party

ORDER

(By SH. SURESH KUMAR GUPTA, PRESIDENT)

1. The complaint has filed the complaint through Special Power of Attorney Manish Kumar under Section 35 of Consumer Protection Act 2019 (hereinafter referred to as Act) with the allegations that complainant has executed Special power of attorney in favour of Manish Kumar to institute the present complaint. In Nov, 2013, the complainant had given the work of underground pipe fitting for LPG Gas two kitchens and undergone five fitting for 06 air conditioner points of the two floors of his house to Sh. Kanwar Pal i.e. owner of OP.  On 26.11.2011, OP had completed the work and a bill of Rs. 50,320/- vide invoice no. 181 dt 26.11.2013 was raised and said amount was paid by the complainant. In Feb, 2020 son of the complainant has purchased a new LG air conditioner from EP Electronic Paradise Pvt. Ltd. for a sum of Rs. 33,300/- vide bill dated 05.02.202. On 24.02.2020, the son of the complainant contacted customer care of LG for the installation of air conditioner but AC was not installed as underground pipe fitting was wrong. The engineer of LG suggested that the problem of pipe needs to be rectified before installation of the AC.  His son contacted OP on the same day. OP contacted the engineer of the LG and assured to rectify the defects. His son has contacted the OP from Feb, 2020 till Aug, 2020 to rectify the defects but in vain.  On 11.08.2020, a letter was sent to the OP regarding wrong pipe fitting for air conditioner but OP refused to accept the letter.  In Sept 2020 he has got the pipe fitted from authorized service provider of LG for a sum of Rs. 9499/- for the installation of AC. There is deficiency of service as well as unfair trade practice on the part of OP.  Hence, this complainant.

2. The notice of the complaint was issued to the OP.  The notice was duly served upon the OP. The OP did not put the appearance and accordingly proceeded ex-parte on 29.11.2021.

3. The complainant has filed the affidavit of special power of attorney in ex-parte evidence wherein he has corroborated the version of the complaint as set out in the beginning while briefing the facts and relied upon the documents.

4. Sh. Manish Kumar is son and special power of attorney of the complainant. The complainant has got the work of underground pipe for LPG gas in two kitchens and undergone pipe fittings for 06 air conditioners of two floor of House No. C-83, Main Gopal Nagar, Najafgarh, New Delhi from the OP and paid a sum of Rs. 50,320/- for the said work to OP, which is clear from Annexure C3 shown as Ex CW1/2  in the affidavit.

5. The complainant has purchased a new LG air conditioner which is clear from tax invoice dt 05.02.2020, Annexure C4 shown as EX 1/3 in the affidavit.  The complainant has called the engineer from the customer case of LG for the installation of the AC.  The engineer was unable to install the AC as underground pipe fitting for AC was faulty. The son of the complainant has contacted the OP to rectify the defects in the pipe but in vain.  A letter dated 11.08.2020 Annexure C5 shown as CW1/4 wassent by post to the OP for the rectification of the defect in the underground pipe but OP has refused to receive the letter.

6. The AC was to be installed so the defect in the underground pipe was rectified from LG against a payment of Rs 9499/- which is clear from the e-receipt dt 08.09.2020, Annexure C6 shown as Ex CW1/5 in the affidavit.

7. The defects in the underground pipe line for the AC were noticed by the complainant when he purchased a new AC and contacted the technician/engineer of LG for the installation of AC.  The pipe fitting was found defective. The date of cause of action is to be taken from the date of the knowledge of the defective pipeline. The complainant has contacted the OP for the rectification of the defects but in vain and even the OP has refused to receive the letter issued to him by post.  The complainant has to shell out the money to remove the defects in the underground pipeline installed by the OP.  The OP has not come forward to contest the case and to say there was no defect in the installation of the underground pipeline.  The OP did not rectify the defect in the pipeline despite the fact he was repeatedly contacted by the complainant to remove the defect. The complainant has suffered for no fault on his part.  There is definitely deficiency of service and unfair trade practice on the part of OP.  The evidence led by the complainant is relied upon.

8. There is no evidence that there was any fault in the pipe fitting for LPG Gas in two kitchens or underground pipe fitting for other 05 air conditioners.

9. In view of our aforesaid discussion, the complaint of the complainant is partly allowed. The OP is directed to refund to pay a sum of Rs. 9500/- as an expenses incurred by him for the removal of the defects in the underground pipe fitting for the installation of AC.  The complainant has undergone mental harassment and could not use the AC during peak summers and forced to go for litigation.  A compensation of Rs 25,000/- is granted to the complainant for mental harassment and litigation expenses.

10. OP is directed to comply with the order within 45 days from the date of receipt of the order failing which complainant is entitled for interest @ 9% per annum till the realization of the amount.

• Copy of this Order be supplied to parties free of cost.

• File is consigned to record room thereafter.

• Announced in the open court.