Punjab

Rupnagar

CC/22/70

Vishal Pathak - Complainant(s)

Versus

Sardar trading company - Opp.Party(s)

Hamant chaudhary

24 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

RUPNAGAR

Consumer Complaint No.        :70 of 16.05.2022

Date of Decision                     :24.03.2023

         

 

1. Vishal Pathak aged about 35 years son of Mangal Das Pathak, Village Bassowal House No.195, Tehsil Anandpur Sahib, District Rupnagar.
2. Abhishek Rana aged about 36 years son of Ravinder Kumar Resident of Village Bassowal Tehsil Anandpur Sahib, District Rupnagar.

                                                                                                ….Complainants

Versus

 

1. M/s Sardar Trading Company at Shop No.81, Main Market, Nangal town Ship, Tehsil Nangal, District Rupnagar through its Proprietor/authorized signatory.
2. Blue Star India Limited, Adarsh Mall, 4^th Floor, Plot-50, Industrial Area, Phase-2, Chandigarh through it authorized signatory.

      …Opposite Parties

Complaint under the Consumer Protection Act.

 

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.RAMESH KUMAR GUPTA, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh.HemantChaudhary, Advocate

For OP No.1                            :         Ex parte

For OP No.2                            :         Sh.HS Gill, Advocate

 

ORDER

PER  KULJIT SINGH, PRESIDENT

 

1. In the present complaint, the counsel for complainant has averred thaton 13.06.2019, the complainant No.1 has purchased air conditioner from OP-1 of OP-2 and bill of the same generated in the name of complainant No.2 as at that time, complainant No.1 has his address on Aadhar card of Chandigarh and OP-1 has required person who has local address due to this reason the bill dated 13.06.2019 was generated in the name of complainant No.2 but the whole amount of said air conditioner was paid by complainant No.1 as the air conditioner was installed in the house of complainant No.1 by OP-1.  At the time of purchasing said AC OP-1 told to complainant No.1 that product warranty of is two years and compressor warranty of is ten years and said AC was installed at the billing address i.e. house of complainant No.1.  After installation water started getting out of front side of AC.  Complainant No.1 complained it to OP-1, he sent technician but it was of no use as problem was not resolved.  Again complainant No.1 sent technician who claimed that he is from company and in the absence of complainant No.1 he fixed MSEAL to fix leakage issue.  Mother of complainant No.1 who is old was at home and technician acted cleverly.  After that AC’s cooling was not up to the mark.  Also fixing MSEAL means there was a breakage of something which should have been replaced as it was under warranty.  Complainant No.1 again complained to OP-1 who told complainant No.1 to buy expensive AC from defected one in order to replace the AC.  Thereafter complainant No.1 number of times sent emails to OP-2 but no satisfactory answer and problem of complainant No.1 never been resolved by Ops.  Lastly, only 20.04.2022, complainant No.1 again sent email to OP-2 but no satisfactory reply was given by OP-2 neither they solved the problem of complainant No.1.  Complainant No.1 is working as pharmacist in 112 ambulance on salary of Rs.20,000/- per month.  Complainant No.1 has spent huge money to buy a good product beyond his capacity and complainant No.1 has lost his trust on OP-2.  Lastly, prayer has been made that the OPs be directed to pay Rs.1,00,000/- as damages and to replace the defective air conditioner with new one or to refund the entire amount with expenditure with interest and to pay Rs.15,000/- as costs.
2. Upon notice Op-1 has failed to appear and ultimately stands proceeded against ex parte vide order dated 25.07.2022.
3. OP No.2 has appeared through counsel and contested the complaint by taking preliminary objections that complaint is false and baseless; complaint is not maintainable; there is no shortcoming, defect or water leakage in the goods supplied by OP at all; there was no defect in said air conditioner and it was functioning well, no water leakage and giving proper cooling; complainant adamantly ask for replacement of said AC unit with new one without any justifiable cause;  on complaint of complainant No.2 dated 17.08.2019, immediately engineers of OP checked the AC and removed the defect, at the entire satisfaction of complainant No.2 and thereafter, he even signed on the field service report.  On merits, answering Op has denied each and every averments of complaint and prayed for dismissal of complaint with costs.  
4. In order to prove their respective versions, both the parties produced on the file their respective documents.
5. We have heard learned the parties with their valuable assistance and have also gone through the record carefully.
6. During arguments, the contentions of learned counsel for complainants are similar to the pleadings, so no need to reiterate the same.  The main controversy in the present complaint is whether the OP has deficient in providing service to complainant or not?  To solve this issue, we have gone through the email Ex.C-4 to Ex.c-17 and it is observed that the defects of the air conditioner of complainant still not removed.  Moreover, the Ops have filed to rebut the allegations as well as emails of complainant.  As such, deficiency attributed by the Ops in not making the air conditioner properly functioning.  In this way, the Ops have failed in resolving the grievances of the complainant. 
7. In view of the above discussion, the present complaint is disposed of with the directions to Ops to remove the defect of air conditioner in dispute within 45 days from the date of order, free of costs.  If after removal of defect, the product is not working properly for next one month after its repair, then OPs are liable to replace the old product with new one.Further, Ops are directed to pay compensation of Rs.1,000/- and Rs.1,000/- as litigation. 
8. Copies of the order be sent to the parties, as permissible, under the rules. File be indexed and consigned to record room.

Dated:24.03.2023

 

 

          (Ramesh Kumar Gupta)                  (Kuljit Singh)

          Member                                           President