Haryana

Kurukshetra

CC/214/2019

Subhash Chand - Complainant(s)

Versus

Qualty Enterprises - Opp.Party(s)

R.K.Dogra

30 Aug 2019

ORDER

 

BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint No. 214 of 2019.

Date of instt. 29.05.2019. 

                                                                         Date of Decision: 30.08.2019.

 

 

Subhash Chand aged 48 years son of Shri Lakhmi Chand, House No.472, Urban Estate, Sector-3, Thaesar, District Kurukshetra.

 

                                                                ……….Complainant.      

                        Versus

 

1. Quality Enterprises, opposite Harsh Cinema, Kurukshetra-136118  (Haryana) through its Dealer/Authorized Signatory.

 

2. Voltas Limited, Voltas House “A” Block, Dr. Baba Sahab Amedkar Road, Chinchpokli, Mumbai-40033.

 

..………Opposite parties.

 

 

       Complaint under section 12 of Consumer Protection Act.            

 

Before       Smt. Neelam Kashyap, President.    

                Ms. Neelam, Member. 

                Sh. Sunil Mohan Trikha, Member                                          

Present:     Sh. R.K.Dogra, Advocate for complainant.

 Opposite parties exparte.

 

           

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Subhash Chand against Quality Enterprises and another, the opposite parties.

2.             It is stated in the complaint that complainant had purchased one Air Conditioner of 1.5 ton vide invoice bearing No.2556 dated 31.05.2018 for a sum of Rs.26,000/- from op no.1, who is authorized dealer of the Op No.2. It is alleged that at the time of purchase of the aforesaid AC, the Ops had assured about the good quality of the Air Condition and further assured that within warranty period of one year, the Ops would provide the replacement of the product in case of any kind of defect in it. It is further alleged that from the very beginning, the said air conditioner was not working properly and there is manufacturing defect in the same and having unwarranted noise problem, wire heating, non-cooling and crating foul smell problems, leakage of gas and after arising the above said problems in the AC. Thereafter, the complainant approached the OP No.2 and made complaints on their toll free numbers and registered their complaint about the problems in the air conditioner. But in spite of receipt of the several phone calls, the Op did not sent their mechanic. It is further alleged that the complainant moved a complaint again on 11.05.2019 to the Op and the complaint No.19051125653 was registered and the phone number of technician was also given and thereafter, the technician of the company visited the premises of the complainant but he could remove the defect from the air conditioner and then the complainant again approached the Op No.1 on their toll free number and then the Op No.1 on dated 15.05.2019 refuse to do in the matter anything saying that the air conditioner was checked the third party, whereas, the complainant except the technician of the not checked his air conditioner. It is further alleged that the technician of the company while visited at the premises of the complainant he told that there is leakage of gas in the said A.C and that is the manufacturing defect which is not repairable. The complainant requested the Ops No.1 and 2 to remove the air conditioner from the house of the complainant and to get replaced the same but none of the Ops ever tried to get remove the air conditioner and replace the same and all the same and all the Ops are avoiding the replacement of the air conditioner.  There is great deficiency in service on the parts of ops and the complainant has suffered mental agony and harassment as well as financial loss. Hence, this complaint.

3.             The Opposite parties did not appear despite notice and were proceeded against exparte.

4.             The complainant produced his affidavit Ex.CW1/A and documents Ex. C-1 to Ex. C-40 and closed his evidence.

5.             We have heard complainant and have perused the case file carefully.

6.             The complainant in order to prove his case has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments made in his complaint. He has also placed on file copy of bill Ex.C-1 from which it is evident that complainant purchased the air conditioner from OP no.1 for a sum of Rs.26,000/- on 31.05.2018. The complainant has also placed on file copies of messages sent to the company regarding complaint in air conditioner in question. But the ops have failed to redress the grievance of the complainant despite his several requests. The op no.2 is manufacturing company. The air conditioner in question was purchased by complainant on 31.05.2018 and has filed the present complaint within warranty period. Therefore, it is proved on record that air conditioner is having defect and having unwarranted noise problem, wire heating, non-cooling and crating foul smell problems, leakage of gas and after arising the above said problems in the AC from the very beginning due to which complainant could not take benefit of Air conditioner in question.  The AC in warranty period as Ops have given warranty of the AC for one year as Ex.C-40. On the other hand, the Ops did not appear and opted to proceed against exparte.  So, the evidence adduced by the complainant goes unrebutted and unchallenged.  Hence, from the facts and circumstances of the case, it is clear that the AC in question became defective within the warranty/guarantee period. As such there is deficiency in service on the part of ops and the complainant is entitled to refund of the amount of air conditioner in question from the ops.

7.             In view of the above, we allow the present complaint and direct the opposite parties to refund the amount of Rs.26,000/- i.e. price of the air conditioner in question to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum from the date of order till actual payment and the complainant will be at liberty to initiate proceedings  under Section 25/27 of the Act against the Ops. The ops will be entitled to receive air conditioner from complainant against proper receipt. We also direct the Ops to further pay a sum of Rs.5,000/- as compensation for harassment and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room. 

Announced in open Forum:

Dt.: 30.08.2019.                                                  (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.