CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.237/2017

S.R HASAN
LITTLE WONDERS SCHOOL,

G-53, SHAHEEN BAGH BUS STOP,

NEW DELHI-110025

                                             …………. COMPLAINANT                                                                                  

Vs.

SH. KHALID
M/S S.K. ENGINEERS AND REFRIGERATION,
D-94, SHOP NO. 2,

OPPOSITE FARAZ HOSPITAL,
SHAHEEN BAGH, OKHLA,
NEW DELHI-110025

                                                          …………..RESPONDENTS

Date of Order: 25.01.2019

O R D E R

H.C SURI - Member

            The complainant herein Mr. S.R. Hasan, Little Wonders School, has filed the present complaint under the Consumer Protection Act, against Mr. Khalid, M/s S.K. Engineers and Refrigeration, the OP herein, submitting that in April, 2017,  the OP had advertised through leaflets in National Newspapers for service of the A.C.s with service charge of Rs.250/- only besides repairing, gas charging, installation and service.  The complainant requested the OP on phone on 13th April, 2017, to check and attend five ACs in the school building of the complaint.   The OP came to attend to the said work of five ACs and declared, completed the work with three months warranty  and charged Rs.7,500/- as detailed in the complaint and was paid the said amount in cash by the complainant on that very day.

            It is submitted that later on again when the performance of the ACs was found unsatisfactory and the OP was called and reluctantly came and came on 24.5.2017 and told that there were four cuts and demanded Rs.1200/- and Rs.1800/- for filling gas again in the Window AC, i.e. Rs.3000/-, but charged Rs.2800/- on 24.5.17 and left with a warranty for three months from that date.  The complainant submits that  soon thereafter the condition of the  ACs deteriorated  so much it stopped working and the complaints made to the OP were not answered and he did not come to attend to the complaints.  The complainant further submits that during Ramazan also, the non performance of the ACs was brought to the notice of the OP but in vain.   Repeated calls and requests were made by the complainant and finally he came once and told that again gas would have to be filled in and would be fully charged; and when he was told about the warranty/guarantee, he told the complainant that the gas is costly and has to be paid for at full rate.  Thereafter in spite of repeated requests by the complainant and equal number of assurances, by the OP, there was no response from his phone nos.   The complainant further submits that the house has a school of small kids in nursery classes and all the kids were sweating and suffocating at the ACs did not function due to cheating and deficiency in service by the OP.  The complainant submits that the OP did not fill in proper quality and quantity of gas and there is deficiency in service and cheating on the part of the OP.  The complainant has prayed that the OP might be directed to fill proper quality and quantity of gas in the ACs and pay a compensation of Rs.25000/- apart from costs.

            Notice was issued to the OP but the OP did not choose to attend or file reply to the complaint, and thus was proceeded ex parte.   The complainant filed ex parte evidence.  

            We have gone through the file.

            It would be seen that the OP had filled in gas in the ACs against consideration and three months warranty was also assured vide invoice/receipt for Rs.7550/- dated 13.4.2017,  and again Rs.2800/- dated 24.5.2017.   It is further noticed that the three months warranty given by the OP would bind him to fill in the gas for which he had been paid by the complainant.  His failure to attend the Complainant definitely amount to deficiency in service.

            In view of the aforesaid deficiency in service on the part of the OP, we are of the view that the OP must refund the amount of Rs.10,350/- paid by the complainant along with interest to be calculated at the rate of 9% p.a.  from the said date of filing of Complaint.   The complainant would also be entitled to costs of Rs.2500/-.  The amount shall be paid by the OP to the complainant within one month. 

            Copies of the orders be sent to the parties free of costs.

                           (H.C SURI)                                           (A.S. YADAV)

                                  MEMBER                                             PRESIDENT