Presented by Sri G.S. Pradhan, President . <br /> The case pertains to deficiency in service as envisaged under the provision of Consumer Protection Act-1986 and its brief fact is as follows:-<br /> <br /> The Complainant had purchased one Godrej Air Conditioner bearing Sl No. G 07C000565 model No. GWC 18G for a sum of Rs. 16,500/-(Rupees sixteen thousand five hundred)only vide receipt No. 514 Dt. 18/04/2008 from the Opposite Party No.1(one), the authorized dealer of Opposite Party No. 3(three). The same was installed in the house of the Complainant immediately after purchase. The said Air Conditioner started giving problems within one month of its purchase which was informed to the Opposite Party No.1(one) and as per the complaint, the Opposite Party No.1(one) send the Air Conditioner to Opposite Party No.2(two) for repair. As per Opposite Party No.2(two) the defect in the said Air Conditioner was leakage in discharge pipe and the machine was working but not colling, which was repaired on Dt. 22/05/2008. Again on Dt. 02/06/2008 the Air Conditioner gave the same trouble for which all the discharge pipe were change but the problem was not solved by the Opposite Parties. The Complainant made written complaint and through internet service to the Opposite Parties on Dt. 10/03/2009 and Dt. 11/04/2009 to replace the said defective Air Conditioner. Inspite of service by the Opposite Parties, the defect in the Air Conditioner could not be rectified so the Complainant served a pleader notice Dt. 27/04/2009 to the Godrej Company, the Opposite Party No.3(three) to replace the said Air Conditioner by a new one but the company did not turn up the same.<br /> <br /> Alleging deficiency in service by the Opposite Parties, the Complainant filed this case and claims to replace the Air Conditioner by a new one including Rs. 5,000/-(Rupees five thousand)only for taxi fare charges, Rs. 30,000/-(Rupees thirty thousand)only for mental agony and Rs. 5,000/-(Rupees five thousand)only for litigation cost.<br /> <br /> The Opposite Party No.1(one) in its version admit that, he is the dealer of Godrej Air Conditioner of Opposite Party No.3(three) and the Complainant has purchase the said Air Conditioner for a sum of Rs. 16,500/-(Rupees sixteen thousand five hundred)only vide receipt No. 514 Dt. 18/04/2008. The Opposite Party No.1(one) contend that on received of complaint about the defects in the said Air Conditioner on Dt. 22/05/2008 Dt. 02/06/2008 and Dt. 10/03/2009, from the Complainant the Opposite Party No.1(one) immediately sent the machine to Opposite Party No.2(two), the authorized care center of the Company for repair and the said defects was removed and issued the respective OK report by the Opposite Party No.2(two).<br /> <br /> As per the warranty rules and regulations of the said Air Conditioner, the Opposite Party No.1(one) has given his service immediately and so there is no any deficiency in service on the part of the Opposite Parties.<br /> <br /> The Opposite Party No.1(one) prays for dismissal of the case with cost.<br /> <br /> In its version the Opposite Party No.2(two) denies to have cause any deficiency in service to the Complainant. The Opposite Party No.2(two) contend that, he is only a service center of Opposite Party No.3(three) and gives service to the customer as per the complain list given by the Company only. As per term and condition of the warranty the Opposite Party No.2(two) has given his service as and where the petitioner required. The Opposite Party No.2(two) performs his duty as per the order of the company. The Opposite Party No.2(two) has not committed any deficiency in service to the Complainant.<br /> <br /> The Opposite Party No.2(two) prays for dismissal of the case with cost.<br /> <br /> The Opposite Party No.3(three) set ex-parte for his non-appearance.<br /> <br /> Perused the complaint petition. Opposite Parties's version as well as the copy of documents filed by the Parties and find as follows:-<br /> <br /> Purchase of Godrej Air Conditioner for a sum of Rs. 16,500/-(Rupees sixteen thousand five hundred)only vide receipt No. 514 Dt. 18/04/2008 by the Complainant from the authorized dealer of the Company i.e. Opposite Party No.1(one) is not disputed. It is also not disputed that, the Complainant made complaint to the Opposite Party No.1(one) about the defect in the Air Conditioner on Dt. 22/05/2008, Dt. 02/06/2008 and Dt. 10/03/2009 and immediately, the Opposite Party No.1(one) sent the defective Air Conditioner to Opposite Party No.2(two) for repair. The copy of documents filed by the Complainant proves that there was manufacturing defects in the Air Conditioner which was not removed inspite of repeated repaired by the Opposite Party No.2(two), the authorized service center of Opposite Party No.3(three). The Opposite Parties have also not listen to the request of the Complainant made in writing and also through internet service. Despite repeated service by the Opposite Party No.2(two) the defects in the Air Conditioner was not removed as there was manufacturing defects in the Air Conditioner, which needs to be replaced by a new one of same brand and make. Since the Opposite Party No.2(two) has done his duty being a service center of Opposite Party No.3(three), the Opposite Party No.2(two) is free from liability. Being the Opposite Party No.3(three) is the manufacturing company of the said Air Conditioner and the Opposite Party No.1(one) is the dealer of the Company was sold the said Air Conditioner to the Complainant are both jointly and severally liable for the deficiency in providing service to the Complainant.<br /> <br /> In the result, the Complaint is allowed and ordered as follows:-<br /> <br /> The Opposite Party No.1(one) and No.3(three) are directed, jointly and severally, to refund Rs. 16,500/-(Rupees sixteen thousand five hundred)only the purchase price of the Air Conditioner with 6%(six percent) interest per annum from the date of purchased i.e. Dt.18/04/2008 to the date of this Order and Rs. 3,000/-(Rupees three thousand)only compensation towards mental agony and litigation cost to the Complainant with in thirty days hence, failing which 18%(eighteen thousand) interest per annum shall be charge on the total awarded amount till the date of payment.<br /> <br /> Complainant allowed accordingly.