The case of the complainant , in brief, is that she had purchased a “Reconnect 1.5 ton AC” from Reliance Retail Limited at Silchar ( hereinafter referred to as Opposite Party in short O.P. ) on 21/07/2018 at Rs.31,990/- which has inbuilt 2 years warantee. She had also paid additional amount of Rs.2899/- to get extended warantee of another one year. So all together she was enjoying 2+1 = 3 years warantee from the date of delivery. The said AC was delivered on 22/07/2018. Later on as the complainant found that the AC was not working properly so she made a complaint on 10/07/2020 but did not get any response from the O.P.’s customer service team. Then on 14/07/2020 she went to their store at Silchar and one Engineer came to her house and check the faulty AC and told her that the PCB of the outdoor unit of the AC was damaged by lizard which does not cover under warranty. Thereafter on 20/07/2020 the O.P. informed her that the cost of a new PCB is Rs.7346/- and they offered her discount of 15% on the cost of PCB and asked her to pay an amount of Rs.6387/- . It has been stated by the complainant that on 05/08/2020 through mail she confirmed the O.P. regarding her consent to their offer of 15% discount and requested them to complete the repairing work as early as possible. But on 23/08/2020 from the O.P. side it was informed that due to non-availability of PCB the AC is not repairable. Then the O.P. offered her a commercial solution where she shall get refund of 40% of the purchase price i.e., Rs.19,194/- but the amount Rs.6387/- being the cost of PCB would be deducted and the refund would be Rs.12,807/- only. According to the complainant, she rejected that offer. Her version is that as the problem in the alleged AC was within the warranty period so the O.P. is bound to repair the same. The action of the O.P. amounts to deficiency in services and unfair trade practice. The complainant has therefore prayed for passing direction to the O.P. to repair the AC or refund the entire amount paid to them. In addition compensation of Rs.50,000/- for deficiency, mental pain,agony and harassment and an amount of Rs.10,000/- for the cost of litigation.
The O.P. contested the case by filing written statement stating, interalia, that there is no reason or cause of action for filing this case, that the complaint is not maintainable in its present form and manner, that the complaint does not disclose any consumer dispute etc. In the written statement the O.P. has admitted the fact that the complainant purchased AIR CONDITIONER on 21/07/2018 from their store housed at Imperial Mall, Silchar at the value of Rs.31,990/- . In addition she also paid an amount of Rs.2899/- for extended warranty of one year. On 22/07/2018 the AC was delivered. Subsequently the AC started malfunctioning on 10/07/2020 and after getting information from the complainant one Engineer of the O.P. visited her house on 14/07/2020 and during inspection it was found that the PCB of the said AC was malfunctioning not because of any technical or manufacturing defect which is covered by the warranty, rather said PCB was completely damaged by lizard which is not covered by warranty. Hench the complainant was asked to pay the cost of PCB which amounts to Rs.7346/-. Further version of the O.P. is that though they tried their best to replace the damaged PCB with a new one but because of the covid-19 Pandemic the supply of the said PCB was stopped by the concerned company and hence due to this the PCB could not be repaired. Thereafter as per company’s norms the complainant was offered compensation value which is equivalent to 60% of the purchase price of the said AC amounting to Rs.19,194/- minus the price of damaged PCB amounting Rs.6387/- i.e., an amount of Rs.12,807/-. But the complainant rejected the offer and refused to accept the said compensation value. It is stated that the complainant purchased the product knowing all the terms and conditions but instead of that with malafide intention filed this case only to harass and defame the O.P. Under the circumstances it is prayed for dismissal of the case with cost infavour of the answering O.P.
In support of the case, the complainant submitted her evidence on affidavit as PW-1 alongwith some exhibited documents. On the other hand, from the side of O.P. Reliance Retail Ltd. evidence on affidavit of Mr. Murad Hussain Barlaskar, Store Manager was submitted as DW-1. After closing of the evidence both sides submitted written argument. Perused the entire evidence on record. Let us appreciate the evidence below.
From the evidence of both PW-1 and DW-1 it reveals that the admitted position of facts in this case is- on 21/07/2018 the complainant purchased the alleged AIR CONDITIONER from the store of the O.P. Reliance Retail Pvt. Ltd. housed at Imperial Mall, Silchar at the value of Rs.31,990/- having two years warantee . In addition the complainant also paid an amount of Rs.2899/- for extended warranty of another one year. Thus the complainant paid total amount of Rs.31,990/- + Rs.2899/- = Rs.34,889/- . On 22/07/2018 the said AC was delivered. Subsequently the AC started malfunctioning on and from 10/07/2020 and after getting information from the complainant one Engineer of the O.P. visited her house on 14/07/2020 and during inspection it was found that the PCB of the said AC was damaged . According to the O.P. , it was detected that the said PCB was damaged not because of any technical or manufacturing defect which is covered by the warranty, rather said PCB was completely damaged by lizard which is not covered by warranty. DW-1 has submitted the picture of damaged PCB vide Annexure- A .The said picture clearly shows that lizard entered inside the PCB. However the claim of the O.P. that the said PCB was damaged not because of any technical or manufacturing defect , rather it was damaged by lizard which is not covered by warranty is not under challenge. The evidence of the parties further go to show that the complainant was asked to pay the cost of PCB which amounts to Rs.7346/- and later on after deducting 15% discount she was told to pay Rs.6387/- only to which the complainant agreed. That the alleged AIR CONDITIONER had total three years warranty this fact is also not disputed. It reveals from the record that the alleged item was purchased on 21/07/2018 and problem started on 10/07/2020 . So there can not be any dispute that the said problem in the PCB of the AIR CONDITIONER started within the period of warranty. At the same time it is also not disputed that damage of PCB by lizard does not come within the terms and conditions of warranty. The DW-1 also has not disputed the claim of the complainant that he agreed to pay the cost of the PCB.
It transpires from the evidence of DW-1 that they tried their best to replace the damaged PCB with a new one but because of the covid-19 Pandemic the supply of the said PCB was stopped by the concerned company and hence due to this the PCB could not be repaired. Thereafter as per company’s norms the complainant was offered compensation value which is equivalent to 60% of the purchase price of the said AC amounting to Rs.19,194/- minus the price of damaged PCB amounting Rs.6387/- i.e., an amount of Rs.12,807/- but the complainant rejected the offer and refused to accept the said compensation value.
It is not fault of the complainant that new PCB could not be collected by the O.P. As the problem arose within the period of warranty so it is the duty of the O.P. to repair the same . It is not the concern of the complainant wherefrom the O.P. will collect a new PCB. On the other hand, the O.P. is offering only 60% of the purchase value as compensation to the complainant after two years of its purchase . Again from that 60% they want to deduct the cost of the PCB amounting to Rs.6387/- which does not appear to be justified. It is a fact that the PCB was not damaged for any mechanical or technical fault. Also it is a fact that during the covid period many companies closed their production unit .
Under the above circumstances, we are of the considered opinion that it would be justified if the complainant is paid entire 60% of the net purchase value i.e., Rs.19194/- without any deduction towards cost of PCB. The Complainant is also entitled to get back Rs.2899/- which he paid for extended warranty. So it is ordered that the O.P. shall pay total amount Rs.19194/- + Rs.2899/- i.e., Rs.22,093/- ( Rupees twenty two thousand ninety three) only to the complainant within a period of 60(sixty) days from the date of this order else an interest @9% per annum would accrue on the entire amount from the date of this order till payment. No order as to cost.
Judgment and order delivered on this 7th day of May’ 2022 with seal and signature.
