O R D E R
(By Sri A. Radha Krishna, President on behalf of the Bench)
1. Claiming deficiency of service on the part of the opposite parties the complainant sought return of the costs of the A.C. machine along with interest or to direct the opposite parties to install the A.C. machine with charge less pipe length up to 7.5 meters and also award Rs. 50,000/- towards compensation for physical strain and mental agony.
2 The case of the complainant in brief is that he purchased Panasonic A.C. series ‘CSS12PKY’ on 10.05.2013 from 1st opposite party who is a dealer of 2nd opposite party the manufacturer of the said Air Condition machines and he paid an amount of Rs. 42,000/- towards cost of the A.C. 1st opposite party issued a warranty card which is valid for 5 years commencing from the date of purchase.
3 When the authorized technician came to the residence of the complainant along with the machine for installation he noticed that he brought pipe length of 3 meters only from 1st opposite party but he needed 7.5 meters pipe length for installation of the machine. The technician advised the complainant to purchase the remaining extent of 4.5meters. There upon the complainant has shown the specification list furnished by the opposite parties to the technician wherein there is clear specification that he is entitled to charge less pipe length up to 7.5 meters. On that the technician informed him he would bring the remaining 4.5 meters pipe from 1st opposite party. The complainant waited one more day but the technician did not turn up.
4 Subsequently he approached 1st opposite party and enquired about technician and balance pipe length of 4.5 meters and 1st opposite party informed him that he received pipe length of 3 meters only from 2nd opposite party and he informed the same to 2nd opposite party and as and when the 2nd opposite party sent the remaining pipe length he would send the authorized technician to his house for installation of A.C. machine.
5 He approached 1st opposite party number of times who repeated that 2nd opposite party has not sent balance pipe to him. Again on 15.04.2014 he approached 1st opposite party and protested for not installing A.C. machine with charge less upto to 7.5 meters for which opposite party repeated the same answer. The complainant demanded return of the amount along with interest but there were no response from 1st opposite party. Subsequently he issued a lawyer's notice to opposite parties and they received the same and 2nd opposite party issued reply with false allegation. Thus complaining deficiency of service on the part of opposite parties the complainant sought above said amounts.
6 The 1st opposite party filed its counter interalia contending that the warranty is only for other components for one year only and warranty for compressor is 5 years. He is only a dealer and he has no responsibility after the sale and if any service is required for A.C. machine, the customer has to contact toll free number and the company will render service through its authorized service center. Thus according to them after sale service responsibility is with the 2nd opposite party. The 2nd opposite party has issued reply clearly giving the clarification of the specification stated by the complainant that, the length of 7.5 meters mentioned is the specification of pipe up to which no gas charging is required which means upto the pipe length of 7.5 meters gas already filled in the AC is enough for optimum cooling and above 7.5 meters further gas charging is required to provide desired result. According to them the complainant filed this complaint even without installing the A.C. for more than a year. The machine purchased by the complainant is inverter type A.C. and there is no provision for supply of pipe by the company and he has to bear the cost of the pipe as per the length required by him. Thus according to them there is no deficiency of service on their part.
7 The 2nd opposite party also filed its written version where in they have also stated on receipt of the complainant the technician attached to them had verified and checked A.C. condition for installation and at that time only he came to know the length of the pipe required for installation of A.C. was more than 3 meters and hence he asked complainant to purchase the balance of 4.5 meters pipe and informed him that the standard length of pipe provided with the A.C. is 3 meters is only for installation and if it is not enough for installation, the customer has to purchase the remaining extent of pipe. As the complainant did not come forward to purchase the balance pipe the technician could not install the A.C. They have given clarification of the specification in their reply notice and thus almost supporting the version of the 1st opposite party they denied the allegations attributed against them and sought dismissal of the complaint.
8 Now the points for determination are:
1. Whether there is any deficiency of service on the part of opposite parties?
2. If so, whether the complainant is entitled for the reliefs sought in the complaint?
9 Point No.1: There is no dispute about complainant purchasing A.C. machine and also issuance of warranty card by opposite parties. Here the main dispute revolves around the length of the pipe to supplied by opposite parties to the complainant for installation of A.C. machine in his house.
10 According to the complainant as per the book let with specifications issued by the opposite parties he is entitled to the pipe length of 7.5 meters where as the opposite parties provided only 3 meters of pipe. When he also issued notice the 2nd opposite party issued reply with false allegations.
11 The complainant furnished his proof affidavit and exhibited 5 documents. Ex.A1 is cash bill showing the purchase of A.C. machine, Ex.A2 is book let with specifications issued by opposite party, Ex.A3 is lawyer’s notice issued to opposite parties 1 and 2, Ex.A4 is acknowledgment of 1st opposite party and Ex.A5 is reply issued by 2nd opposite party.
12 As against this evidence opposite parties 1 and 2 furnished their affidavits reiterating their stand taken in the result.
13 As seen from Ex.A2 which is book let with specifications supplied by the 1st opposite party at page 33 they have given the specifications where under they have mentioned “charge less pipe length of 7.5 meters” and a bare reading of the said words indicate that it doesn’t convey any other meaning as now trying to import by the 2nd opposite party which is to the effect that the specification of pipe upto which no charge is required means up to the length of 7.5 meters gas already filled in the AC machine is enough for optimum cooling and above 7.5 meters further gas charging is required to provide desired result. The consumer can’t be expected to cullout the internal technical meaning of the manufacturer who now sought to import the meaning of the specification. If at all there is any such specification mentioned by the 2nd opposite party they must clearly mention the same in the specifications provided in the book let and they can’t import any other meaning to the said specification. Thus the interpretation now sought to be introduced by the 2nd opposite party to the said specifications is without any material on the record.
14 Admittedly the opposite party is a dealer only and even according to the complainant, 1st opposite party through informing him time and again it is for the 2nd opposite party to provide the remaining length of pipe to be connected to the A.C. machine. The warranty card was issued by 2nd opposite party and also specifications are given by them and hence it is only the 2nd opposite party who is to be held responsible for the causing deficiency of service to the complainant in not providing the remaining balance of 4.5 meters of length of pipe for installation of A.C. at the residence of complainant. Thus there is deficiency of service on the part of 2nd opposite party. Thus, this point is answered accordingly.
15. Point No.2: In view of the finding rendered under point No.1, the 2nd opposite party is directed to supply the remaining length of 4.5 meters pipe for installation of A.C. machine at the residence of complainant by sending their authorized technician and they are also directed to pay sum of Rs. 5,000/- [rupees five thousand only] towards deficiency of service, physical strain and mental agony and another sum of Rs. 1,000/-[ rupees one thousand only] towards expenses incurred by the complainant. The 2nd opposite party is directed to pay the above said amount within one month from the date of this order and also supply the remaining length of 4.5 meters pipe. The complaint against 1st opposite party is dismissed.
Dictation taken by the Steno, transcribed by her, corrected and pronounced by us, in open Forum, this the 23rd day of April, 2015.
Sd/-xxxxx Sd/-xxxxxx
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant:
Sri Kotra Ramesh
For opposite parties: NIL
DOCUMENTS MARKED
For complainant:-
Ex.A1 Cash bill showing the purchase of A.C. machine
Ex.A2 Book let with specifications issued by opposite party
Ex.A3 Lawyer’s notice issued to opposite parties 1 and 2
Ex.A4 Acknowledgment of 1st opposite party
Ex.A5 Reply issued by 2nd opposite party.
For opposite parties:- NIL
Sd/-xxxxx Sd/-xxxxx
MEMBER PRESIDENT
