Sri Shyamal Gupta, Member

The instant complaint case since been allowed by the Ld. District Forum, Kolkata-I (North), aggrieved by/dissatisfied with such decision, present Appeal is moved by M/s Carrier Air-Conditioning Refrigeration Ltd., OP No. 2.

In a nutshell, case of the Complainant is that the air-conditioning machine purchased by her on 23-03-2012, started malfunctioning on the very next day of its installation.  Thereafter, although the Complainant courted the assistance of all concerned, the OPs deliberately dithered to attend to the complaint.  The complaint since been not resolved to the entire satisfaction of the Complainant, the complaint was filed.

Counter case of the OP No. 2 is that, after receiving complaint, a technician was deputed to the residence of the Complainant on 06-04-2012, who noticed that due to gas leakage, the problem cropped up.  Therefore, he requested the Complainant to arrange a stepladder to do the needful.  Subsequently, on 21-04-2012, the Complainant made due arrangement and accordingly, on the very same day, the problem was fixed. 

Decision with reasons

We have heard the Ld. Advocates of the parties and perused the documents on record.

It appears from the record that the technician/mechanic of the Appellant did visit the residence of the Respondent No. 1 on 06-04-2012 and 21-04-2012 to attend to the complaint lodged by the latter.  As per the report of the AC mechanic dated 21-04-2012, the AC machine was functioning properly.  However, it seems that the Respondent No. 1 was not satisfied with the performance of the same. 

In view of such rival contentions, it seems to us that in order to find out the actual fact/truth, it is imperative to obtain an expert opinion in the matter.  Therefore, we deem it fit and proper to remand the case to the Ld. District Forum to adjudicate the matter afresh after obtaining expert opinion in the matter.  Since the burden of proof primarily lies upon the Respondent No. 1, for the time being, she shall bear the entire incidental expenditure.  In case, it is found that that the AC machine is indeed defective, in that case, Appellant shall have to reimburse the entire cost to the Respondent No. 1 besides other reliefs as the Ld. District Forum shall decide at its wisdom. In this regard, we make it clear that due inspection should be carried out in presence of the representatives of both sides.

The Appeal, thus, succeeds in part.

Hence,

O R D E R E D

The Appeal stands allowed on contest against the Respondent No. 1 in part.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 21-06-2018 for fresh adjudication of the dispute.