Punjab

Sangrur

CC/368/2016

Harindervir Singh - Complainant(s)

Versus

Tata Voltas Ltd. - Opp.Party(s)

Shri Saurav Garg

12 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                           

                                                Complaint No.  368

                                                Instituted on:    02.05.2016

                                                Decided on:       12.10.2016

 

 

Harindervir Singh son of S. Prem Singh, resident of Edgah Quarters, Near Mahavir Chowk, Dhuri Road, Sangrur.

                                                        …Complainant

                                Versus

1.             Tata Voltas Ltd. Upper Ground Floor, A/43, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110 044.

2.             New Friends Electronics, Near Old Fire Brigade, Dhuri Road, Sangrur.

3.             M/s. Goyal Radios, Chhotta Chowk, Sangrur.

                                                        …Opposite parties

 

 

For the complainant  :               Shri Saurav Garg, Adv.

For OPs                    :               Shri N.S.Sahni, Adv.

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Harindervir Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on 10.7.2015 the complainant purchased one split air conditioner from OP number 2 for Rs.22,500/- against cash payment vide bill number 5202 dated 10.7.2015 which was having one year warranty.    Further case of the complainant is that the AC in question started to give cooling problem after a period of 15 days of its purchase, as such, the complainant approached the OPs, who repaired the same.  Further case of the complainant is that after some time the same problem arose and the chamber of the AC started leaking as such the complainant approached the Ops, the Ops approached the complainant and replaced the chamber of the AC which was of aluminium, whereas the chamber of the AC was of copper.  Further grievance of the complainant is that the complainant requested the OPs to replace the chamber with copper chamber, but all in vain.  Further case of the complainant is that in the next summer season, the air conditioner did not work, as such, the complainant got registered the complaint with the Op, but all in vain.  Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to replace the air conditioner in question with a new one or to refund its price along with interest and further to pay compensation and litigation expenses.

 

2.             In reply, it is admitted that the complainant had purchased the AC in question from the OP number 2 against the bill as mentioned above.  It is stated that the story mentioned in the complaint is absolutely, wrong and denied. It is further stated that on complaint of the complainant, the mechanics of the Ops visited the house of the complainant and the chamber was replaced free of cost. The complainant only became annoyed on the ground that the new chamber/coil  which was replaced was made of aluminium instead of copper.  The other allegations levelled I the complaint have been denied in toto and any deficiency in service eon the part of the OPs has been denied. Apart from that, legal objections are taken up that the complaint is not maintainable and that the complainant has not come to the Forum with clean hands.

 

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit of the complainant, Ex.C-2 copy of bill dated 10.07.2015 and Ex.C-3 and Ex.C-4 copies of SMS and closed evidence. On the other hand, the learned counsel for the OPs  has produced Ex.OP-1 affidavit and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits part acceptance, for these reasons.

 

5.               In the present case, the complainant has filed the present complaint alleging that he purchased one AC in question from the OP number 2 on 10.07.2015 vide bill Ex.C-2 for Rs.22,500/-, which was having one year warranty.  In the present case, the grievance of the complainant is that the AC in question did not work properly despite the fact he approached the Ops to get it repaired, but the same was not made in the working order even in the warranty period.

 

6.             We have very carefully perused the pleadings of the parties and find that the complainant has not produced any cogent, reliable and trustworthy evidence on record to establish the defect in the air conditioner, more so when the complainant has not produced any expert opinion from the expert that the air conditioner in question is having any manufacturing defect, nor the complainant has produced any other evidence to establish his case.   

 

7.             It is on the record as admitted by the Ops that the chamber of the air conditioner was replaced with a new one, but the complainant has alleged that the same was replaced with the chamber which was of aluminium, whereas on the original AC it was made of copper.   In the circumstances, we feel that the ends of justice would be met, if the OPs are directed to replace the chamber of the AC in question with the new chamber made of copper. 

 

 

8.             In view of our above discussion, we allow the complaint partly and direct the Ops to replace the chamber of the AC in question with the new chamber made of copper.  The Ops are further directed to pay to the complainant an amount of Rs.1500/- on account of litigation expenses.  A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                October 12, 2016.

 

                                                (Sukhpal Singh Gill)

                                                     President

                               

 

                                                                               

                                                    (Sarita Garg)

                                                        Member