O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint against the O.P. u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant purchased a Voltas Air Conditioner for a sum of Rs.17,500/- from OP-1 vide Receipt Serial No.16169 on 7.6.2007. It is further alleged in the complaint that the OPs assured the complainant about the excellent quality of the AC sold by them. The AC was guaranteed for one year and compressor for 5 years. It is further alleged in the complaint that the AC started giving problems, a complaint was lodged on 8.7.2009 and the Service Engineer came and repaired the AC. The service report No.1763 dated 8.7.2009 reveals that there was no cooling by the AC and a DEMO was given to the complainant and AC was working. This Service Report bears the signature of Ms. Neena Goyal also. The complainant has alleged in the complaint that there was manufacturing defects in the AC and is claiming refund of Rs.17500/- alongwith interest and also Rs.2,00,000/- for the suffering of the complainant which also include cost of litigation.
2. Notices of the complaint were issued to the OPs and OP-2 M/s Voltas Ltd. has filed their written Statement. In the written statement it has been stated that as the AC was purchased on 7.6.2007 therefore warrantee period has expired. It has been also averred in the written statement that there was no defect in the compressor. OP has also denied any manufacturing defects in the AC. On these premise, OP has prayed for dismissal of the complaint.
3. At the outset it will be important to note that though the date of purchase of AC in the complaint has been stated as 2.6.2007 but documents filed by the complainant shows the same as 7.6.2009, therefore the plea taken by the OP that it was out of warrantee is not tenable.
4. Both the parties have filed their evidence vide affidavits.
5. We have carefully gone through the pleadings of the parties and evidence placed on record, admittedly the AC was purchased on 7.6.2009 which finds support from the machine installation coupon as well as the Guarantee Registration Card and free service coupons. The complainant in support its case has filed only one service report dated 8.7.2009. It has been endorsed by her in token of perfect functioning AC. Except this document, there is nothing on record to suggest that the AC was giving problems or was shown to any other AC engineer. Also no technical report of any other expert has been filed showing that the AC was having manufacturing defects. In view of this it is presumed that the AC was in good working condition after 8.7.2009 and no deficiency in service or defect in the unit sold by the OP has been proved on record. The complaint is devoid of any merits and hence deserves dismissal. Accordingly, the same is dismissed.
Copy of the order be sent to the parties as per rules.
Announced on this 31st day of December, 2015.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
