BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.94 of 2012
Date of Institution : 15.5.2012
Date of Decision : 2.8.2016
Nand Lal, aged about 60 years son of Sh.Daulat Ram, r/o Gali Dr.Mathura Dass Wali, Rori Bazar, Sirsa, tehsil and district Sirsa.
……Complainant.
Versus.
- Rama Electronics, Old Subzi mandi, Sirsa, distt. Sirsa through its proprietor/ Partner.
- Lyod Electronics and Engineering Ltd., 21-I.D.C. Kunjpura, near ITI Chowk, Karnal through its Managing Director.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA……………………….PRESIDENT
SHRI RANBIR SINGH PANGHAL……MEMBER.
Present: Sh.Abhinav Sharma, Advocate for the complainant.
Sh.K.R.Jindal, Advocate for the opposite party no.1.
Sh.Deepesh Monga, Advocate for the opposite party no.2.
ORDER
Case of complainant is that on 6.5.2011 he purchased one Split AC bearing Model No.19A3T, Sr.No.10122807 for a sum of Rs.23800/- from the op no.1 against bill no.2720 dt. 6.5.2011. Op no.2 is a manufacturing company. Op no.1 granted one year full guarantee free of cost. As alleged, during the period of guarantee, said AC become defective and started leakage of water and stopped cooling with high noise. On complaint, engineer of the company visited and tried to repair it, but all in vain. Despite repeated requests and legal notice, the ops failed to put the AC in question in proper working condition. Hence, this complaint.
2. On notice, ops appeared and contested the case by filing written statements. It is replied that complainant lodged a complaint on 5.8.2011 regarding less cooling and the same was immediately removed. The service was given to the complainant by the technician namely Karan. The AC was needed gas charging which was provided to the complainant. Regarding, high noise, it is replied that it was due to dust because of not proper maintenance. Complainant again made a complaint on 10.3.2012 through service provider. Fault recognized was WAT service. Complaint was attended by Sonu technician on 12.3.2012 and the complainant was fully satisfied. Thereafter, on 11.4.2012 further complaint was received and one Karnail Singh technician attended the complaint on 12.4.2012, who visited the spot three times, but complainant refused to allow the repair. As such, there is no deficiency on the part of the ops.
3. By way of evidence, complainant produced his affidavit Ex.CW1/A; copy of bill Ex.C1; copy of legal notice Ex.C2, postal receipts Ex.C3 and Ex.C4, whereas the Ops in support of their versions, filed affidavit Ex.RW1/A of Sh.Raj Kumar Sharma, authorized person of op no.2; affidavit of Sh.Amarjeet Ex.R1 on behalf of op no.1; affidavit of Sh.Karan technician Ex.R2; affidavit of Sh.Karnail Singh Technician Ex.R3 and affidavit of Sh.Sonu technician Ex.R4; Service reports Ex.R5 to Ex.R7.
4. We have heard learned counsel for the parties and have gone through the record of the case carefully.
5. After hearing, we are of the considered view that Ops successfully proved their versions by way of affidavits and service reports on the record. In view of report Ex.C7 of Sh.Karnail Singh Technician duly supported with the affidavit Ex.R3, it is clear that he visited at the spot on12.4.2012 at 7.09PM, but complainant himself refused to get repaired the AC in question. At that time, AC was within the warranty period. In our view, it will be justified if the AC in question now be put in proper working order free of costs because the alleged fault occurred during the warranty period. Accordingly, Ops are directed to repair the AC in question within one month from today and to make it in proper working condition free of charge as keeping it in warranty period. Complainant is also directed to cooperate the ops in order to put the AC in question in proper working condition. With these observations, complaint in hand stands disposed of with no order as to costs. Copy of this order be supplied to the parties as per rules. File be consigned to record room.
Announced in open Forum. President,
Dated:2.8.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
