BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.172/14.

Date of instt.: 05.09.2014.

                                                        Date of Decision: 13.03.2015.

Suresh Kumar son of Chattar Singh alias Chander Singh, Village Teontha, Tehsil Pundri, Distt. Kaithal.

                                                                ……….Complainant.                               Versus

1. Sahil Electronics, Main Road, Pundri through Prop. Sahil Electronics, Main Road Pundri, Tehsil Pundri, Distt. Kaithal.

2. Blue Star Limited, C.B.O.A.C.D.R.S.D., 2, Ponkhra Road, Mazinada Thane-400601.  

..………OPs.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.

Before           Sh. Rajbir Singh, Presiding Member.

                       Smt. Harisha Mehta, Member.

 Present :      Sh. Krishan Lal, Advocate for complainant.

                       OPs already exparte.

                       ORDER

(RAJBIR SINGH, PRESIDING MEMBER).

                     The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant purchased an A.C. for sum of Rs.24,700/- from Op No.1 on 04.06.2014.  It is alleged that the said A.C. was defective from the very beginning and not working properly.  It is alleged that the complainant made complaint bearing No.B-1407170658 to the Op No.1 on 17.07.2014 and Op No.1 gave assurance to redress the complaint but the Op No.1 did not take any action.  It is further alleged that the complainant also made another complaints bearing No.1408020615 dt. 02.08.2014 and B-1408230327 dt. 23.08.2014 to the Op No.1 and Op No.1 sent a mechanic to the house of complainant.  It is further alleged that the said mechanic inspected the defective A.C. and told that the motor of said A.C. is out of order.  It is further alleged that the complainant approached the Ops several times for repair/replacement of said A.C. but the Ops did not do so.  This way, the Ops are deficient in service and adopting unfair trade practice.  Hence, this complaint is filed.     

2.     Upon notice, the Op No.2 did not appear and opt to proceed against exparte vide order dt. 20.10.2014.  Op No.1 also did not appear on 02.02.2015 and was proceeded against exparte on the said date.   

3.     The complainant tendered in evidence affidavit (Ex.CW1/A) and documents Ex.C1 to C3 and closed evidence on 25.02.2015.     

4.     We have heard the ld. counsel for complainant and perused the case file carefully and minutely.

5.     Keeping in view the facts and circumstances of the case, we found that the complainant purchased an A.C. for sum of Rs.24,700/- from Op No.1 on 04.06.2014.  The said A.C. was defective from the very beginning and not working properly.  The complainant made complaint bearing No.B-1407170658 to the Op No.1 on 17.07.2014 but the Op No.1 did not take any action.  Then the complainant also made another complaints bearing No.1408020615 dt. 02.08.2014 and B-1408230327 dt. 23.08.2014 to the Op No.1 and Op No.1 sent a mechanic to the house of complainant.  The said mechanic inspected the defective A.C. and told that the motor of said A.C. is out of order.   The complainant has also tendered in evidence affidavit (Ex.CW1/A), bill (Ex.C1), copy of warranty certificate (Ex.C2) and copy of proper particulars of Blue Star (Ex.C3).  Whereas, on the other hand, the Ops did not appear and opt to proceed against exparte.  So, the evidence adduced by the complainant goes unrebutted and unchallenged.  So, we are of the considered view that the Ops are deficient while rendering services to the complainant.           

6.     Thus, in view of above discussion, we allow the complaint exparte and direct the Ops to replace the defective AC of the complainant with new one of the same model, as purchased by the complainant vide bill No.2152 dt. 04.06.2014.  However, it is made clear that if the said AC as purchased by the complainant,  is not available with the Ops, then the Ops shall refund Rs.24,700/- as the cost of AC to the complainant.   The Ops are also burdened with cost of Rs.1100/- as compensation for harassment, mental agony and cost of litigation charges to the complainant.  Both the Ops are jointly and severally liable.  Let the order be complied within 30 days from the date of communication of order till its realization, failing which, the complainant shall be entitled interest @ 8% p.a. on the amount of Rs.24,700/- from the date of commencement of this order till its realization.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced.

Dt.13.03.2015.

                        (Harisha Mehta),                 (Rajbir Singh),   

                             Member.                              Presiding Member.