IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Wednesday the  31^st day of August 2016

Filed on 20.11.2015

Present

1. Smt. Elizabeth George  (President)
2. Sri. Antony Xavier  (Member)
3. Smt. Jasmine D (Member)

in

C.C.No. 341/2015

between

      Complainant:-                                                             Opposite Parties:-

Sri. Radhakrishnan                                                1.         Sri. S.M. Nasar           

Chaithram, Plakudy Lane,                                                Areepurath Home  Appliance

Komana Village,                                                               Kacherippadi junction,

Ambalappuzha, Alappuzha                                               Ambalappuzha, Alappuzha

(By Adv. P.C. Dileepkumar)                                             (By Adv. C. Parameswaran)

                                                                              2.         The Voltas Limited,

                                                                                          Shema Building,

                                                                                          2^nd Floor ,

                                                                                          Door no.39/4166,

                                                                                          M.G.Road, Ravipuram,

                                                                                          Eranakulam.

O R D E R

SMT. JASMINE D. (MEMBER)

The facts of the case are as follows:

 The complainant purchased two Air conditioners from the 1^st opposite party manufactured by the 2^nd opposite party for a total amount of Rs 85,000/-.  One of the AC became totally functionless on 18.08.2015 and the defect was intimated to the opposite parties.  A technician from the 2^nd opposite party inspected the machine and found that the board was defective.  But  the opposite parties have not replaced the board saying that the board is not available. In the meantime the other AC was also defective.  On intimation a technician from the opposite parties inspected the machine and informed the complainant that the defect is due to the pipe block and the same was cleaned.  But the defect was not cured the same defect persisted.  The opposite parties assured to rectify the defect within 30.9.2015, but the defect was not rectified so far.  The complainant sustained much mental agony and hence complaint filed.   

2.  Notices were served to the opposite parties, first opposite party appeared before the forum and filed version.  Notice against the additional 2^nd opposite party served, but did not appear before the Forum and 2^nd opposite party was set ex-parte.

3. The version of the first opposite party is as follows:-

 The complaint is  not maintainable.  The manufacturer of the product was not impleaded the complaint is bad for non jointer of necessary parties. The complainant purchased the AC on 3.4.2015 with invoiceNo.23 for an amount of Rs.42, 500/- and the complainant purchased another AC on 10.4.2015 with invoice No.75 for an amount of Rs.42, 500/-.  The complainant has not approached the opposite party alleging any defect on the purchased product.  There is no deficiency in service on the part of the first opposite party so the complaint may be dismissed.

          4.   Complainant filed proof affidavit and produced  two documents which were marked as Exts. A1 and A2.   Ext.A1 is the copy of the invoice dated 3.4.2015 and 10.4.2015.  Ext.A2 is the service report dated 20.8.2015 and 7.9.2015.

5.     Considering   the allegations of the complainant and contentions of the first opposite party,  the Forum has raised to following issues for consideration:-

1.  Whether there is any deficiency in service on the part of the opposite parties?
2. Whether the complainant is entitled to get relief as prayed for?

       6.       Issues 1and 2:        The case of the complainant is that he purchased two AC from the first opposite party manufactured by the 2^nd opposite party for a total amount of Rs.85,000/- and one of the AC became defective on 18.8.2015.  The technician of the 2^nd opposite party informed

the complainant that the defect is with regard to the board, but the board was not replaced.  Other AC was also become defective and the defect is with regard to the pipe block.  Both the AC have not repaired so far and the complainant could not use the same, hence filed this complaint.    

7.  The complainant filed proof affidavit and documents Exts.A1 and A2 marked.  From the Ext.A1, it can be seen that the complainant purchased 2 AC from the first opposite party manufactured by the 2^nd opposite party for a total amount of Rs.85, 000/-.  Ext.A2 shows that both the AC became defective during the warranty period and the defect was intimated to the opposite parties.  According to the complainant the opposite parties have not rectified the defects and the complainant could not use the AC.  It is pertinent to not that the product became defective immediately after 3 months from the date of purchase of the product. From the documents, it can be seen that the AC purchased on 3.4.2015 with invoice No.23 the defect noticed is with regard to the panel board and the same was duly intimated to the opposite party on 20.8.2015 and the product is under warranty.  According to the complainant the defect was not rectified so far.  It is pertinent to note that the defect with regard to the board was noticed after 4 months from the date of purchase.  Even though the defect was brought to the notice of the opposite parties they have not made any earnest effort to rectify the same and that amounts to deficiency in service.  Since the same was not repaired so far, the complainant is entitled to get it replaced with a new one along with fresh warranty.  With regard to the other AC purchased on 10.4.2015 with invoice No.75 the problem reported is ‘Drain block’.  No other defect is noted with regard to the machine and the produced is under warranty, so the opposite parties are liable to rectify the defect free of cost.  Since the primary grievance of the complainant having been met adequately we refrain from awarding compensation.  But the complainant is entitled to get the cost of the proceedings since he has unnecessarily dragged to the Forum and the complaint is allowed accordingly.    

In the result complaint is allowed. The opposite parties are directed to replace the Air Conditioner purchased on 3.4.2015 with invoice No.23 with fresh warranty and the opposite parties are directed to rectify the defect of the other AC purchased on 10.4.2015 with invoice No.75 free of cost with an additional warty of 6 months.  The opposite parties are further directed to pay an amount of Rs.1500/- (Rupees one thousand five hundred only) towards the costs of the proceedings to the complainant.   The order shall be complied within one month   from the date of the receipt of this order.

Dictated to the Confidential Assistant transcribed by him corrected by me and pronounced in open Forum on this the 31^st day of August  2016.

                                                                                     Sd/- Smt. Jasmine D (Member)

                                                                                     Sd/-Smt. Elizabeth George  (President)

                                                                         Sd/-Sri. Antony Xavier  (Member)

 Appendix:-

Evidence of the complainant:- 

Ext.A1                        -          Copy of the Retail invoice dated 3.4.2015 and 10.4.2015

Ext.A2                        -          Copy of the Service reports 

Evidence of the opposite parties:-  Nil

//True Copy//

By Order,

Senior Superintendent.

To

            Complainant/Opposite parties/SF

Typed by : Pr/-

Compd by: