BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.274 of 2015

Date of Instt. 23.06.2015

Date of Decision :13.08.2015

Sukhwinder Kaur wife of Sukhwinder Singh R/o 16, New Raja Garden Colony, Mithapur Road, Jalandhar.

..........Complainant Versus

1. Rai Enterprises, Jawala Petroleums, GT Road, Jalandhar City, Auth.Stockiest for Godrej.

2. Godrej & Boyce Mfg.Co.Ltd, Service Centre (Main), Plot No.40-A, Phase-8A, Industrial Area, Mohali- Daljit Singh, Deputy Manager.

3. Godrej & Boyce Mef.Co.Ltd, Appliance Division, Smart Care Team, Pirojsh Nagar, Vikhroli, Mumbai-400079.

.........Opposite parties

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Sukhwinder Singh, Auth. Representative of complainant.

Sh.Daljit Singh, Deputy Manager on behalf of opposite parties No.2 & 3.

Opposite party No.1 exparte.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under of the Consumer Protection Act, against the opposite parties on the averments that the complainant had purchased a Split AC GSC 12FG6 BNG GR BAl IT Gordej and one stabilizer V-Guard VD-400 from opposite party No.1 vide invoice No.1683 dated 12.5.2015 against Rs.33,000/. After the installation the said AC in the house of the complainant, it has worked only for 2 hours and then the said AC shut down. The complainant repeatedly requested the said company from the date of shut down of the said AC, but they did not listen the complaint of the complainant and said that this is not their job, they are just to sell the products and after they are not responsible for any complaint or any defect. On the repeated request from the complainant one of technician from Service Centre, in Jalandhar visited him and after checking 3-4 times he said the there is defect in the product and it has to be replaced. The complainant then contacted the company through customer care and lodged complaint against request No.43463 on 3.6.2015 and complained through email, but till date has not received any satisfactory reply from the company nor their main service centre, in Mohali, where Daljit Singh, Deputy Manager is appointed. On such like averments, the complainant has prayed for directing the opposite parties to replace the AC with new one. She has also claimed compensation and litigation expenses.

2. Upon notice, opposite parties No.2 & 3 appeared and filed a written reply, inter-alia, pleading that the customer was informed that the defective unit would be replaced and it will take time for sanctions from head office and customer was ready to wait. The customer was informed that they have taken sanction for replacement of the defective part and educated the customer for replacing but she is not ready for replacement and said that matter would be settled now in court.

3. Opposite party No.1 did not appear inspite of notice and as such it was proceeded against exparte.

4. In support of her complaint, authorized representative of complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C3 and closed evidence.

5. On the other hand, Sh.Daljit Singh, Deputy Manager on behalf of opposite parties No.2 and 3 simply made a statement that they are ready to replace the outer defective unit of the AC with new one free of any charges. However, opposite parties No.2 and 3 did not lead any evidence.

6. We have carefully gone through the record and also heard the authorized representative of the complainant and Daljit Singh, Deputy Manager on behalf of opposite parties No.2 and 3.

7. Daljit Singh, Deputy Manager on behalf of opposite parties No.2 and 3 contended that the outer unit of split AC is defective and is required to be replaced and they are ready to replace the same free of cost. During warranty, the liability of the manufacturer is to repair or replace the defective part of the product.

8. So in the above circumstances, the present complaint is partly accepted and opposite parties No.2 and 3 are directed to replace the defective outer unit of the AC in question and to make it in perfect working order by repairing or replacing any other part of the AC, if need be free of cost within 15 days from the date of receipt of copy of this order. However, the complainant is granted Rs.3000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

13.08.2015 Member Member President