Haryana

Ambala

CC/188/2018

Sandeep Sharma - Complainant(s)

Versus

Saugaat - Opp.Party(s)

13 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint Case No.: 188 of 2018.

                                                          Date of Institution :   08.06.2018.

                                                          Date of decision    :   13.09.2019.

 

 

Sandeep Sharma, aged about 40 years, s/o Shri Onkar Nath, at present r/o H.No.2074, Sector-9, Ambala City.

                                                                             ……. Complainant.

                                                   Versus

 

1. Saugaat, The Electrical People, 105-106, Rai Market, Ambala Cantt., through its Prop/Partner.
2. GE Gulati Electronics, 45, SCO, Prem Nagar, near Park, Ambala City, authorized service centre of Voltas A.G. Company, through its Manager.
3. Voltas Ltd., Voltas House (A), Doctor Baba Sahib Ambedkar Road, Chinchpokli, Mumbai-400033.

           ..…..Opposite Parties.

 

Before:        Smt. Ruby Sharma, Presiding Member.

Shri Vinod Kumar Sharma, Member.          

                                                

Present:       Shri P.S. Sandhu, Advocate, counsel for the complainant.

Shri Sandeep Kashyap, Advocate, counsel for the OPs.

 

 

ORDER:     SH. VINOD KUMAR SHARMA, MEMBER.

 

 

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To repair the said AC or to change the same with new one or to pay its price alongwith interest @18 per month.
2. To pay Rs.10,000/- as compensation
3. To pay Rs.15,000/- as litigation expenses.
382.  

Any other relief which this Hon’ble Forum may deem fit.

 

Brief facts of the case are that the complainant had purchased Air Conditioner Voltas S-AC 1.5 ton with stabilizer from the OP No.1 vide receipt No.2889 dated 25.03.2017 for a sum of Rs.41,950/- with three years guarantee. From the very beginning, the said AC was not functioning properly and not cooling the room due to some defect in it. He contacted the OP No.1 in this regard and on its advise, he contacted the OP No.2, who visited his house and tried to remove the defect vide receipt No.52 dated 24.03.2018 and received a sum of Rs.2454/- from him, but the defect could not removed by it. He again contacted the OP No.2, who again tried to remove the defect, but failed to do so, rather damaged the pipes of the same. Inspite of repeated requests, the OPs are neither changing the AC with new one nor repairing the same. He has also served registered AD notice dated 17.05.2018 to the OP No.1, which was received by it, but they failed to comply with the notice. There is clear cut deficiency on the part of the OPs. Hence, the present complaint.

2.                Upon notice, the OPs appeared through counsel and filed written version and raised preliminary objections regarding maintainability; cause of action and jurisdiction. On merits, it is submitted that the complainant has not come with the clean hands and has suppressed the true and material facts from this Hon’ble Forum. The true facts of the present case are that the AC of the complainant was working properly and smoothly and there is no manufacturing defect in it. But the complainant is not satisfied from the working of the AC and had made the complaints with ill motive to the OP No.3 on toll free no. Thereafter, the OP No.3 deputed the authorized service centre i.e. OP No.2 for checking the AC, but when the said service technician visited the premises of the complainant, he found leakage of gas due to damage of gas pipe and due to this, the AC became out of warranty product. Thereafter, the complainant got repaired the AC from OP No.2 in out of warranty condition and AC was working properly. The present complaint has been filed in false and frivolous grounds and same may kindly be dismissed with costs.  

3.                The learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 to C-37 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OPs did not file any evidence and made a statement that the written version filed by them, may be read as their evidence.

4.                We have heard the learned counsel for the parties and carefully gone through the case file.     

5.                Admittedly, the complainant purchased the AC in question from the OP No.1 vide bill dated 25.03.2017 (Annexure C-5). The complainant has argued that from the very beginning, the AC was not functioning properly as it was not giving proper cooling due to some defect in it. The OP No.2 visited his premises various times to remove the defect and also charged Rs.2454/- to repair the AC (Annexure C-4), but failed to resolve the grievance and damaged the pipes of the AC. On the other hand, the learned counsel for the OPs has argued that on receiving the complaint from the complainant, its service technician visited the premises of the complainant and found leakage of gas due to damage of gas pipe and due to this, the AC became out of warranty product. The complainant got repaired the AC from the OP No.2 in out of warranty condition and AC was working properly. The AC was working properly and smoothly and there is no manufacturing defect in it. To support his contention, the complainant produced copy of receipt of charges taken by the OP No.2 from him for repair of the AC as Annexure C-4; photographs as Annexure C-8 & C-9; various complaints of different dates registered on the toll free no. of the company as Annexure C-11 to C-37. On the other hand, the OPs failed to produce any documentary evidence to prove their version. During the pendency of the present case, the complainant moved an application to get inspected the AC from some local commissioner and said application was allowed by this Forum vide its order dated 31.05.2019. Accordingly, Shri Achin Jain, Lecturer, was appointed as Local Commissioner who tendered his report on 09.08.2019 and from the perusal of said report, it is apparent that the AC in question was not working properly due to burnt PVC and broken of internal parts. This report has not been controverted by the OPs. Since the local commissioner has opined that the AC in question is having so many defects, therefore, if we order for replacement of the defected AC with the new one of same model, with fresh warranty, it will meet the ends of justice. At the same time, we also hold that complainant is also entitled for the compensation on account of mental agony and physical harassment suffered by him, alongwith litigation expenses.

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-

1. To replace the defected AC in question with the new one of the same model with fresh warranty. If the OPs are not in position to replace the said AC of the same model, then refund the amount of Rs.41,950/- to the complainant.  
2. To pay Rs.6,000/- as compensation for mental agony and physical harassment suffered by the complainant, inclusive of litigation expenses.

                  

The OPs are further directed to comply with the aforesaid direction jointly and severally, within the period of 30 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum for the period of default. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 13.09.2019.

 

 

 

                                                                                 

          (Vinod Kumar Sharma)                                         (Ruby Sharma)                         Member                                                      Member