Delhi

West Delhi

CC/19/376

KULJEET SINGH - Complainant(s)

Versus

SACHDEVA ELECTRONIC - Opp.Party(s)

10 Jan 2020

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)-III

 

 

CASE NO. 376/2019

 

SH. KULJEET SINGH

S/o LT. SH. RANJIT SINGH

ADD- C4C-227, POCKET-14,

JANAKPURI, NEW DELHI-110058.                                   ….. Complainant

 

V E R S U S

 

SACHDEVA ELECTRONICS (P) LTD

ADD- GL-22, JAIL ROAD,

HARI NAGAR, NEW DELHI-110064.                                ….. Opposite Party-1

 

HAVELLS LLOYD INDIA LIMITED

(REGISTERED OFFICE)

(THROUGH IT MANAGING DIRECTOR/MANAGING)

ADD-904, SURYA KIRAN BUILDING,

K.G. MARG, NEW DELHI-110001(INDIA).                         ….. Opposite Party-2

 

 

 

O R D E R

 

 

PUNEET LAMBA, MEMBER

 

        The complainant has filed a present complaint against OPs under section 12 of the Consumer Protection Act, 1986. The brief facts as stated by the complainant that he purchased one window Air Conditioner make model Havells Lloyd 5 star 1.5 ton from OP-1 on 04.07.2019 for a sum of Rs. 26,000/-. On 09.07.2019 complainant lodged a complaint vide No. 0907192050740 for non-cooling of the Air Conditioner. Thereafter, the service engineer of OP visited on 10.07.2019 after checking the Air Conditioner verbally told that there is no cooling in the Room even after the temperature was set at the 18 degree. The complainant personally visited on the same day to OP-1 and informed about the problem of the Air Conditioner and requested to replace it and he told that he has wrote to pay difference amount also but OP-1 refused. Then, again on 21.07.2019 vide No. 2007192181299 the complaint was lodged. Again, the service engineer visited and checked Air Conditioner and told that the Grill Temperature is fine but even after running for more than one hour continuously there was not cooling at all. The complainant also informed OP-2 and OP-1 through e-mails but to no effect. Despite requests and reminders OPs failed to resolve the dispute of the complainant. Hence, the present complaint for direction to refund invoice amount with interest @ 12% p.a. and compensation for mental and physical harassment and litigation charges.

          When the notice of the complaint was sent to the OPs none put in appearance on behalf of the OPs and accordingly were proceeded ex-parte vide order dated 30.09.2019.

          When the complainant was asked to file ex-parte evidence, he filed        ex-parte affidavit of evidence dated 27.11.2019 testifying the contents of the complaint on oath and also relied on copy of invoice dated 04.07.2019 as Annexure A, copy of what’s app communication as Annexure B, copy of         e-mails as Annexure C, copy of letter dated 13.07.2019 as Annexure D and copy of letter dated 24.07.2019 as Annexure E.

          We have heard complainant in person and have gone through the material on record thoroughly and carefully.

          The controversy involved in the present case is as to whether the complainant is entitled for the relied he has claimed. From the perusal of the documents, it reveals that disputed product was purchased on 04.07.2019 and he started lodging complainant after 5-6 days of purchase of product in question. The documents reveal that through what’s app communication and even through e-mails he is requesting to OPs to resolve his problem as the product in question was not giving the result for which he has purchased the product. The version of the complainant which is testified on oath remains unrebutted and unchallenged as OPs chose not to appear to reasons best known to them. The complainant is able to prove that OPs are deficient in service and failed to resolve the grievance of the complainant. Therefore, we are of the considered view, the product in dispute developed fault within a week i.e. the initial stage; it means there is a manufacturing defect in the product. Therefore, OP-2 is deficient in services.

          Keeping in view above discussions and observations, we direct OP-2 to refund a sum of Rs. 26,000/- (Rupees Twenty Six Thousand Only) in favour of complainant within 45 days from the date of order subject to return the disputed product and further we also award a sum of Rs. 10,000/- (Rupees Ten Thousand Only) for compensation towards mental agony and physical harassment and litigation expenses.

          File be consigned to Record Room.

          Copy of order be given to the parties as per rules.

          Pronounced on ______10th_____ January, 2020.

 

 

(PUNEET LAMBA)                    (S.S. SIDHU)                             (K.S. MOHI)

    MEMBER                                MEMBER                                 PRESIDENT