IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 24th DAY OF December 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Smt.S.Sandhya Rani. Bsc, LLB ,Member
CC.No.40/2018
K.Raveendran Pillai : Complainant
Rupal Nivas, Kamukum Cherry
Piravanthoor
V/S
1. Regional Manager : Opposite parties
Voltas Limited, Kshema Building
No.39/4166, M.G.Road
Ernakulam
2. Proprietor
Attinkara Electronics
Kallumkadavu, Pathanapuram
ORDER
Smt.S.Sandhya Rani ,Member The case is based on a complaint filed by K. Raveendran Pillai against two opposite parties seeking to recover an amount of Rs.60,000/- which includes the price of Air conditioner Rs.28,800 and the remaining amount as compensation for mental agony and other difficulties caused to the petitioner with the cost of this proceedings from the opposite parties and their assets.
Averments in the complaint in short as follows:-
Complainant purchased an Air conditioner , Code No.102835 VOLTAS A/C: 1 TON STAR :VOLSAC WITH V.GUARD STABILIZER : VG 400 PLUS
(2)
from 2nd opposite party, Attinkara Electronics, dealer of 1st opposite party, VOLTAS Ltd, for Rs.28,800/- on 03/02/2017 with invoice No. 3630. While it was working it was found that the offered quality of Ac was having low cooling. The said complaint was informed to the 2nd opposite party by phone as well as through on line on 02/03/2017. Cool care enterprises, service provider of 1st opposite party at first cleaned the coil since they could not find any change in the result then they replaced that coil. But again it did not cause any change in cooling . The service provider again found out that gas inside AC is insufficient and filled the same since the problem remained unchanged . Again the Ac was taken to the service centre on 28/04/2017 and returned the same after one month stating that all the defects were cured by replacing the outdoor unit of AC. But the defects still persisted. After 28/4/2017, the complainant had made complaints before opposite parties on 09/05/2015, 09/06/2017, 17/6/2017 and 30/06/2017. Again on 25/7/2017 the service provider examined the AC and found out that because of the broken flare nut there exists leakage in AC and replaced it with new unit and again filled gas. Still the low cooling was persisted. After that the AC was examined by the Area Manager of VOLTAS and extended the warrantee period for next one year by assuring the complainant that he shall replace the AC with new one. Though the complainant contacted the opposite parties several times thereafter, they did not take any steps to solve the complaint. The complainant could not enjoy the very purpose of the AC purchased till now. Both opposite parties are
(3)
liable to be compensated. Hence the petitioner approached this Forum for recovery of value of AC, deficiency of service from the part of opposite parties, compensation for mental agony, pain hardship and sufferings along with cost of proceedings.
Though the opposite parties 1 and 2 received notice and appeared before this Forum, they have not filed any written version.
Points to consideration
1.Whethr there is any deficiency in service on the part of the opposite parties?
2. Whether complainant is entitled to get the claim amount as prayed for in the complaint?
3.Reliefs and costs?
The complainant filed proof affidavit along with documents which are marked as Ext.P1 to P9. Opposite parties No.1 and 2 have not participated in the trail nor adduced any evidence.
Points No.1 and 2:-
The specific case of the complainant is that he had purchased an AC.102835 VOLTAS A/C: 1 TON 3 STAR VOLSAC from opposite party 2, who is the dealer of opposite party 1, VOLTAS Ltd , which stand established by Exts.P.1- cash receipt dated 03/02/2017 and Ext.P2, - Guarantee Registration card dated 03/02/2017 and Ext.P3 is the Additional warrantee certificate for air conditioner dated 5/08/2017. The unchallenged averments in the proof affidavit filed by the
(4)
complainant coupled with Ext.P4 to P9 service reports would prove that the working of AC was not satisfactory.
Though the AC was got repaired several times the defect remains. It is also clear from the available materials that the Opposite parties 1 and 2 were intimated regarding the unfair trade practice and deficiency in service committed by them but they have not cured the defects.
On going through the proof affidavit and Exts P1 to P.9 documents we are satisfied that the complainant has proved that A/C purchased by him as per Ext.P1 invoice from the 2nd opposite party has become defective within the warrantee period. But opposite parties have not taken any steps to replace the defective items or to return the value of A/C to the complainant in spite of his request. Hence there is deficiency in service on the part of opposite party No.1&2. Therefore the complainant is entitled to get the value of A/C and compensation for the mental agony and costs of proceedings.
Points No.3
In the result the complaint stands allowed, directing the opposite parties No.1&2 to pay Rs.28,800/- with interest @ 9% annum from the date of filing complaint till realization and Rs.10,000/- as compensation and Rs.2000/- as costs of proceedings. The opposite parties No.1 and 2 are directed to pay Rs.38,800/- along with interest @ 9% per annum from the date of filing the complaint with
(5)
cost within 30 days from today, failing which the complainant is allowed to recover Rs.38,800/- with interest @12% per annum from the date of filing the complaint till realization along with costs Rs.2000/- from opposite parties 1 and 2 jointly and severally from their assets.
Dictated to the Confidential Assistant Smt.Vijimole.G transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 24th day of December 2018.
E.M .MUHAMMED IBRAHIM:Sd/-
S.SANDHYA RANI:Sd/-
Forwarded/by Order
Senior superintendent
I N D E X
Documents marked for the complainant
Ext.P.1:-Cash bill dated 03/02/2017
Ext.P.2:- Guarantee registration card
Ext.P.3:- Additional warrantee certificate for air conditioner
Ext.P.4:- Service report
Ext.P.5:- Service report
Ext.P.6:- Service report
Ext.P.7:-Service report
Ext.P.8:-Service report
Ext.P.9:-Service report
E.M .MUHAMMED IBRAHIM:Sd/-
S.SANDHYA RANI : Sd/-
Forwarded/by Order
Senior superintendent
