THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 439-14
Date of Institution : 11.08.2014
Date of Decision : 03.06.2015
Kanwal Kishore Bhalla son of Sh. Behari Lal Bhalla, resident of House No. 1791/14, Opposite Railway Workshop, G.T. Road, Amritsar
...Complainant
Vs.
S.C. Electronics, Sanyo Building, 29, Queens Road, Amritsar through its Partner/Prop./Principal Officer
Whirlpool of India Limited, having its Corporate Office at plot No. 40, Sector 44, Gurgaon 122002
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh.S.K.Sharma,Advocate
For the opposite party No.2 : Sh. A.S. Grover,Advocate
For opposite party No.1 : Ex-parte
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
-2-
1 Present complaint has been filed by Kanwal Kishore Bhalla under the provisions of the Consumer Protection Act alleging therein that he purchased Whirlpool Split AC from opposite party No.1 vide invoice No. 3771 dated 6.1.2014 for Rs. 29500/- for his daughter's marriage . According to the complainant his daughter is married at Ropar and the mechanic of opposite party No.1 installed the said AC in the matrimonial house of the daughter of the complainant at H.No. 119, Sun Enclave, Roop Nagar, Ropar and Rs. 1500/- was charged by opposite party No.1 as installation charges. In the month of May 2014 i.e. at the start of summer season the AC was not giving cooling. Complainant lodged complaint vide No. HR0314003779 on 1.6,2014 and then another complaint No. CH0614000088 was also lodged on 5.6.2014 and thereafter various reminders were sent to the opposite party, but to no avail. Complainant also sent e-mail dated 8.7.2014 to the opposite party seeking redressal of his grievances. Opposite party sent their mechanic to the matrimonial house of the daughter of the complainant, who told the complainant and his daughter that there is some manufacturing defect which is beyond repair. Thereafter the complainant brought the AC to Amritsar and requested opposite party No.1 either to set-right the same or replace the same with new one but opposite party No.1 did not pay any heed to the request of the complainant. Alleging the same to be deficiency of service complaint was filed seeking directions to the opposite party either to replace the said AC with new one or to refund the price of the same i.e. Rs. 29500/- alongwith interest. Compensation of Rs. 25000/- alongwith litigation expenses were also demanded.
2. Opposite party No.1 did not appear despite service, as such it was proceeded against ex-parte vide order dated 18.9.2014.
3. On notice opposite party No.2 appeared and filed written version in which it was submitted that complainant had lodged only one complaint with company on 1.6.2014 vide No. CH0614000088 . But the same was wrongly punched by call centre agent to Haryana branch under No. HR0314003779 and then same was rectified and transferred to Punjab branch under complaint No. CH0614000088 and this fact was duly informed to the complainant. It was submitted that complainant had lodged complaint only about low cooling. The service engineer went to attend the complaint of the complainant and commented on the service request form that the room size where the AC in question was installed was 10 feet by 12 feet and 1 ton AC cannot give proper cooling for such room size. He also commented that for proper cooling 1.5 ton AC is required for such type of room sixe. It was denied that various reminders were sent to the opposite party. It was also denied that the mechanic told the complainant and his daughter that there is some manufacturing defect in the AC and is beyond repair. It was rather submitted that the AC in question is fully functional and working properly as per report of service engineer . While denying and controverting other allegations , dismissal of complaint was prayed.
4. Complainant tendered into evidence his affidavit Ex.C-1, copy of bill Ex.C-2, copy of mail Ex.C-3.
5. Opposite party No.2 tendered into evidence affidavit of Sh. Deepak Kumar Chugh, Branch Service Manager Ex.OP2/1, copy of service request Ex.OP2/2
6. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by the parties with the valuable assistance of the ld.counsel for the parties.
6. From the record i.e.pleadings of the parties and the evidence produced on record by the parties, it is clear that complainant purchased Whirlpool Split AC from opposite party No.1 vide invoice dated 6.1.2014 Ex.C-2 for Rs. 29500/- . The said AC was installed by the mechanic of opposite party No.1 after charging requisite fee in the matrimonial house of the daughter of the complainant i.e. at H.No. 119, Sun Enclave, Roop Nagar, Ropar. The complainant alleges that in the month of May 2014 i.e. at the start of the summer season the said split AC was not giving cooling. Consequently complaint No. HR0314003779 was lodged on 1.6.2014. Then another complaint No. CH0614000088 was lodged on 5.6.2014. But the opposite party did not make the AC fully functional. Then complainant sent e-mail on 8.7.2014 Ex.C-3 to the opposite party seeking redressal of the grievances. Opposite party sent their mechanic to the matrimonial house of the daughter of the complainant, who checked the AC. However, they told the complainant that AC is beyond repair. Thereafter complainant brought the said AC to Amritsar and requested the opposite party No.1 either to set right the same or replae the same with new one. But the opposite party No.1 also did not pay any heed to the request of the complainant. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite parties qua the complainant.
7. Whereas case of opposite party No.2 is that whenever any complaint is received from the customer the same is set right by the opposite party No.2 through its service centre. The complainant lodged only one complaint with the company i.e. opposite party No.2 on 1.6.2014 i.e. complaint No. CH0614000088. The same was wrongly punched by the call centre agent to Haryana branch under No. HR0314003779. However the same was rectified and transferred to Punjab branch under aforesaid complaint No. CH0614000088 and this fact was duly informed to the complainant. Said complaint was only regarding low cooling. The service engineer who went to attend the complaint commended on the service request form that the room size where the AC in question was installed was 10feet by 12 feet and one ton AC cannot give proper cooling for such room size. He also commented that for proper cooling 1.5 ton AC is required for such type of room sizes. However, the gas was refilled in the AC and it was made fully functional. Thereafter the complainant never lodged any complaint with the opposite party nor sent any e-mail , as alleged by the complainant. The e-mail allegedly sent by the complainant dated 8.7.2014 is a fabricated document and was never received by the opposite party. Opposite party denied that the mechanic of the opposite party told the complainant or his daughter that there is some manufacturing defect in the AC and is beyond repair. However, what was stated by the service engineer in his comments on the service request Ex.OP2/2 has been narrated above. Ld.counsel for the opposite party No.2 submitted that there is no deficiency of service on the part of the opposite party qua the complainant.
8. From the entire above discussion, we have come to the conclusion that complainant purchased Whirlpool Split AC of 1 ton capacity from opposite party No.1 vide invoice dated 6.1.2014 Ex.C-2 for Rs. 29500/- and gifted the same to his daughter. The said AC was installed at the matrimonial house of the daughter of the complainant at H.No. 119, Sun Enclave, Roop Nagar, Ropar. On 1.6.2014 complainant lodged complaint with the opposite party regarding low cooling. Resultantly service engineer of opposite party No.2 visited the premises where the aforesaid AC was installed at Ropar. He refilled the gas and made the AC fully functional. The complainant lodged only one complaint with opposite party No.2. The service engineer on the service request/job sheet dated 1.6.2014 itself has mentioned that the AC was giving proper cooling. However, he gave his comments that room size where the aforesaid AC in question was installed was 10 feet by 12 feet and 1 ton AC cannot give proper cooling for such room size. He also commented that for proper cooling 1.5 ton AC is required for such type room size. This job sheet has been intentionally concealed by the complainant. Thereafter complainant never lodged any complaint with the opposite party rather the complainant fabricated one document allegedly e-mail dated 8.7.2014 sent by the complainant copy of which is Ex.C-3. But this document apparently does not appear to be a genuine document because firstly it does not show to whom it was sent, it does not give any details of e-mail process i.e. e-mail ID on which the said e-mail was sent nor it states from where it was sent through e-mail nor it shows any time of sending e-mail nor the date of its sending. However, only with hand it was written e-mail dated 8.7.2014 to company office nor it was mentioned which office of the company. So this document is totally un-reliable . The complainant also could not point out any other defect in the AC nor produced the report of any mechanic to prove that there was any manufacturing/inherent defect in the AC in question which is not repairable.As such we hold that complainant has failed to prove on record any deficiency of service on the part of the opposite parties.
9. Hence, the complaint is held to be without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
3.06.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
