By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
On 11/09/2017 complainant purchased one Air conditioner worth Rs. 24,900/-(Rupees Twenty four thousand and nine hundred only) of Impex Company. Months before filing this complaint some unusual sound coming inside the Air conditioner and it worked irregularly and complainant registered a complaint through the toll free number mentioned in the warranty card. On 20/03/2021 a technician from the authorised service centre at Perintalmanana namely Techzone came and inspected the AC and said to complainant that the compressor of the AC should be changed. In the warranty card there noted five years warranty for the compressor of the above AC.
2. Then complainant is directed to pay Rs. 2500/- for filling the gas in the compressor and Rs. 500/- as service charge by opposite party. As per the terms in the warranty card there is nothing mentioned about the expenses incurred to complainant for changing the compressor during the warranty period. Although complainant told about the warranty to opposite parties but opposite parties were not ready to service the compressor without paying the above said amount. At last complainant agreed to pay the amount and then only opposite parties taken the AC from complainant house for service and repair. In the warranty card there clearly mentioned that the units and components contained therein are warranted against defective material and workmanship for a period of five years warranty for compressor and one year for unit from date of purchase in India. There again mentioned that the defective parts/material shall be replaced with a functional working equivalent parts/material defective part and material will become the property of the company. But opposite parties were not ready to repair the compressor without paying the amount they want. Hence this complaint.
3. The claim of the complainant is that he is entitled to get Rs. 15,000/- for the mental agony and the financial loss sustained to him and Rs. 10,000/- as cost.
4. On admission of the complaint notice was issued to the opposite parties and notice served on them and they appeared before the Commission and filed version.
5. In their version, they stated that a technician of opposite parties came to complainant’s house and while repairing, it was found that the compressor of the AC had defects. But opposite parties realised that the defect happened to the compressor of the AC after three years of purchase. As per their rule the defect caused after three years of purchase, they will charge Rs. 2500/- for filling the gas. Without any hesitation complainant was ready to pay the amount of Rs. 2500/- and Rs. 500/- as the service charge and opposite parties had cleaned the entire unit of AC and gas filled.
6. But after some days, opposite party got a notice from the Commission for appearing before the Commission for complaint filed by complainant. Complainant wanted five years warranty and one year warranty for unit as per the warranty card given to him . But there is no deficiency of service from the side of opposite parties. Complainant filed this complaint for getting ulterior motives.
7. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A6. Ext.A1 is the copy of warranty card given by opposite party to complainant on 11/09/2017, Ext.A2 is the copy of Extended warranty given by opposite party to complainant, Ext.A3 series are the copies of service bill and the bill for gas filling giving by opposite party No.1 to complainant . Ext.A4 is the copy of Job sheet given by opposite party No.1 to complainant, Ext.A5 is the copy of Tax invoice got to complainant at the time of purchase of AC, Ext. A6 Copy of estimate received by complainant.
8. Heard both sides, perused the documents and stood for consideration of the following points:-
- Whether there is deficiency of service and unfair trade practice from the side of opposite parties.
- Reliefs and cost.
9. Point No.1 & 2
Case of the complainant is that on 11/09/2017 he purchased one Air conditioner worth Rs. 24,900/-of impex Company. Months before filing this complaint some unusual sound coming inside the Air conditioner and it worked irregularly and he registered a complaint through the toll free number mentioned in the warranty card. On 20/03/2021 a technician from the authorized service centre at Perintalmanana namely Techzone came and inspected the AC and said to complainant that the compressor of the AC should be changed. In the warranty card there noted five years warranty for the compressor of the above AC. But opposite parties wanted service charge for servicing the above AC in the warranty period mentioned in the warranty card.
10. In their version, they stated that a technician of opposite parties came to complainant’s house and while repairing, it was found that the compressor of the AC had defects. But opposite parties realised that the defect happened to the compressor of the AC after three years of purchase. As per their rule the defect caused after three years of purchase, they will charge Rs. 2500/- for filling the gas.
11. In this matter opposite parties already admitted in their version and affidavit that the compressor of the AC was defective In the complaint and affidavit filed by the complainant it was clearly stated that as per the warranty terms the above AC had five years warranty for the compressor. He clearly stated in affidavit that “Your units and components contained therein are warranted against defective material and workmanship for a period of five years warranty for compressor and one year for unit from the date of purchase in India”. Ext.A1 document produced by complainant clearly mentioned that the compressor had five years warranty from the date of purchase in India . So complainant approached the opposite parties after three years of purchase of the above AC and he is entitled to get the warranty after three years. More over there is an extended warranty of two years also to the AC purchased by complainant. As per Ext. A2 document there mentioned “ complainant is entitled for an additional warranty of two years for the Impex AC purchased and the additional warranty would be applicable for the second and third year post the purchase of the product”.
12. From Ext. A1 and A2, we are on the opinion that the AC purchased by complainant is entitled to get five years warranty for compressor and also an extended warranty for two years.
13. Another contention of opposite party is that complainant is ready to pay the gas filling charge of Rs. 2500/- and AC service charge of Rs. 500/- to opposite parties. But after some days, opposite party got a notice from the Commission for appearing before the Commission for complaint filed by complainant. This complaint filed by the complainant for getting illegal gains from opposite parties But we are on the opinion that the poor complainant may have paid the service charge and gas filling charge to opposite parties due to the pressure from the opposite parties and loss which may have occurred if the expensive AC had not been repaired somehow.
14. It is purely an illegal act done by opposite parties because nowhere in the warranty card and invoice there mentioned that they will collect the gas filling charge during the warranty period. Nobody knows about this while purchasing the electrical goods. There is five year warranty for compressor and an extended warranty of two years. During that time opposite parties collected this much amount from complainant. So there is clear deficiency of service and unfair trade practice from the side of opposite parties.
15. Moreover complainant produced six documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint.
16. Hence we allow this complaint holding that opposite parties are deficient in service.
- The opposite parties are directed to pay Rs.3000/-(Rupees Three thousand only) to complainant as the amount he had already paid to opposite parties for gas filling and service of the AC during the warranty period.
- The opposite parties are also directed to pay compensation of Rs. 5000/-(Rupees five thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties also directed to pay Rs.3000/- (Rupees Three thousand only)as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 7th day of February , 2022.
