Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 406
Instituted on : 18.07.2022
Decided on : 08.05.2023
Addis Sports Wear LLP H.No. 1068, Sector-2, Bahadurgarh, Tehsil Bahadurgarh District Jhajjar through Smt. Satto w/o Sh. R.K.Kadian partner of Addis Sports Wear LLP(Age-71 years) R/o H.No.1068, Sector-2, Bahadurgarh, Tehsil Bahadurgarh District Jhajjar.
……….………..Complainant.
Vs.
- Rohilla Traders Opposite Old ITI, Circular Road, Near Chinnyot Colony Rohtak-124001 through its Proprietor.
- Shree Shyamji Cool Tech Services, Shop No. 223, opposite Oxford School Nahara Nahri Raod Bahadurgarh, Tehsil Bahadurgarh, District Jhajjar through its Proprietor.
- Manager Daikin Air Conditioning India Pvt. Ltd. 210, 1st Floor, Okhla Industrial Area Phase-3, Delhi-110020
..…….……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh. N.P.Sharma, Adv. for complainant.
Sh. O.P.Mittal, Adv. for opposite party no. 3.
Opposite party No. 1 and 2 already exparte.
ORDER
NAGENDER SINGH KADIAN PRESIDENT:
1. Brief facts of the case as per complainant are that she purchased split AC having indoor unit 1.5 Tr. Daikin 5 star Inv. FTKF50UV16V Daikin (5star Inv) 699(IDU) and outdoor unit 1.5 Tr. Daikin 5 star Inv. RKF50UV16V Daikin (5star Inv) 445 (IDU) for a total sale consideration of Rs.54,800/- on 29.04.2022 against invoice number 22-23/268 dated 29.04.2022 from the showroom of opposite party no. 1 the authorized dealer/distributor of Daikin Air conditioning India Pvt. Ltd. After the purchase of the AC, the same was installed by the authorized person of opposite party no.3 in the office room of complainant. After the installation of AC, the complainant started the AC and found some defects in the working of the AC as the cooling was not proper and indoor unit lights started blinking, stopped itself after few hours and show E8 error in this manner. On 02-05-2022, the complainant complained about the same on customer service Center vide complaint No. 26396827 but the defect was not removed by the opposite parties. Thereafter on 14-05-2022, the complainant again called at customer service center vide complaint no. 26513935. The engineers of the company from opposite party no.2 visited the office of the complainant and after checking of the AC they found E8 error and due to E8 Error, the AC of the complainant was nor working properly since the time of its purchase. It was assured by them that on the next day all the problems/defects would be resolved positively. Having no response from the end of the opposite parties within a reasonable time complainant made a complaint to Daikin Customer service Centre on 25-05-2022 with complaint no. 26617752 on their phone number. Thereafter the site was visited by the authorized persons of opposite party no.2 by Shyamjee Cool Tech. Bahadurgarh i.e. nearest service center of opposite party no.2 but the problem could not be resolved and it was orally stated that there is a manufacturing defect in the AC purchased by the complainant. The Compressor and fan etc. of the AC were making noise and were not working properly. The engineer of opposite parties changed the PCB of the AC but even after changing of the PCB the AC was not providing proper cooling and stopped working after few hours. Thereafter complainant repeatedly made complaint to the opposite parties for repair of her AC in question but all times the complaint of the complainant remained unresolved. The complainant made numbers of reminders at Toll Free numbers/customer care services number of opposite parties but despite repeated complaints of complainant, the opposite parties failed to resolve the matter. As such, the act and conduct of the opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to change the AC of the complainant with further warranty or to refund the amount of Rs.54,800/- alongwith 18% interest per annum from the of purchase of the AC till realization and to pay Rs.1,00,000/- as compensation and Rs.25,000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party No. 3 appeared and submitted its reply that complainant had purchased the alleged AC from the opposite party no. 1 who is also an authorized dealer of opposite party no. 3. However the AC was installed by an unauthorized person at the business property of the complainant. The complainant approached the opposite party no. 3 on 02.05.2022, 14.05.2022, 22.05.2022 and 21.06.2022 although it was informed to him that as installation by unauthorized person is in breach of the terms and conditions. Even after violating the terms and conditions, the opposite party no. 3 being a consumer centric company, duly sent a technician at the registered address but he never allowed the technician to visit the said premises where the AC unit had been installed. On 30.06.2022, the complainant again registered the same complaint pertaining to cooling issues in the working of the AC unit. That the technician duly visited the registered address of the complainant and did not find any issues in the working of the AC unit and the same was duly informed to the complainant. Due to adamant behavior of the complainant towards the technician of the opposite party no. 3, the technician replaced the PCB(Printed Circuit Board) of the outdoor unit of the subject AC unit. Thereafter complainant again approached on 13.07.2022 and 15.07.2022 and the company duly sent a technician at the registered address of the complainant but the complainant never allowed the technician to visit the said premises where the AC unit had been installed. It is further submitted that there is no defect in the alleged AC unit and the alleged manufacturing defect in the A.C. can only be determined with proper analysis or test of the goods as per the mandatory provision contained under The Consumer Protection Act. All the other contents of the complaint were stated to be wrong and denied and answering opposite party prayed for dismissal of complaint with costs.
3. Notice sent to opposite party No.1 received back duly served through Process-Server of this office but none appeared on behalf of opposite party No.1. Notice sent to opposite party No.2 received back with the report of refusal. As such opposite party No.1 vide order dated 29.08.2022 and opposite party No.2 vide order dated 22.12.2022 respectively of this Commission were proceeded against exparte.
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex. CW1/A, documents Ex. C1 to Ex. C11 and closed the evidence on dated 12.01.2023. On the other hand, ld. Counsel for the opposite party No.3 in his evidence has tendered affidavit Ex. RW-1/A, and documents Ex.R-1 to R-2 and closed his evidence on dated 24.04.2023.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. In the present case, it is not disputed that complainant had purchased an A.C. from the opposite party no.1 on dated 29.04.2022 for a sum of Rs.54800/- which is proved from the bill Ex.C3. As per the complainant, the same was installed by the authorized person of opposite party no.3 in the office of complainant but after the installation of AC, it was found that there were some defects in the working of the AC as the cooling was not proper, indoor unit lights started blinking, stopped itself after few hours and shown E8 error. On the other hand opposite parties in their reply has admitted the fact that the complainant approached the opposite party no. 3 on 02.05.2022, 14.05.2022, 22.05.2022 and 21.06.2022 and 30.06.2022. The technician replaced the PCB(Printed Circuit Board) of the outdoor unit of the subject AC unit and thereafter complainant again approached on 13.07.2022 and 15.07.2022. However, opposite party No.3 has submitted that the A.C. in question was got installed by the complainant from an unauthorized person, which is in breach of the terms and conditions. We have perused the documents placed on record by both the parties. Regarding the installation of AC from unauthorized person opposite party has not placed on record any document. On the other hand, copy of SMS Ex.C5 is placed on record by the complainant which is regarding installation, service and repair etc. As per job sheet Ex.C4/Ex.C7 dated 14.05.2022, E8 error was found in the alleged A.C. and as per Service Engineer remarks: “Now we found E8 error, now comp. and PCB changed, suggestion”. As per document Ex.C8-Simple Self-Diagnosis by Malfunction code, the meaning of E8 error is “Overcurrent of inverter compressor” and the main reasons of overcurrent of compressor given on the internet website are: “The load is short-circuited, the mechanical parts are stuck; the inverter module is damaged; the torque of the motor is too small, etc”. Meaning thereby there was defect in the alleged A.C, which could not be removed by the opposite parties despite changing of PCB”. Hence there is deficiency in service on the part of opposite parties and opposite party no.3 being manufacturer is liable to refund the price of A.C. in question.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party no. 3 to pay the alleged amount of Rs.54800/-(Rupees fifty four thousand and eight hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 18.07.2022 till its realization and also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision. However, complainant is directed to hand over the A.C. in question to the opposite party No.3 at the time of making payment by the opposite party No.3.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
08.05.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member
