Order No.19

Judgement dt.8-03-2017

            This is a complainant made by one Mr. Rajkumar Agarwal son of Mr. Gajadhar Agarwal against Manager, Sales Emporium, OP No.1, Panasonic India Pvt. Ltd., OP No.2 and Induja Home Solution Pvt. Ltd., OP No.3 praying for a direction upon the OP No.1 & 2 to replace the defective air conditioner (Split) being  Model No. CS-YS12RKY or to refund Rs.35,500/- and also compensation of Rs.25,000/- for deficiency of service and litigation cost of Rs.10,000/-.

            Facts in brief are that on 4/4/2015 Complainant purchased a Panasonic Air Conditioner (Split) at a price of Rs.35,500/-. Thereafter Air Conditioner started showing problem and not cooling the room. For this Complainant approached the service centre but nothing was done. Once it was repaired but defect remain same. So, Complainant filed this case.

            OP No.1 filed written version and denied the allegations of the complaint. Further OP No.1 has stated that it rendered service and ultimately reported the matter to the manufacturer. OP No.2 & 3 did not file written version and so the case is heard ex-parte against them.

Decision with reasons

            Complainant filed affidavit-in-chief against which OP No.1 filed written version to which Complainant filed affidavit-in-reply. Similarly, OP No.1 files evidence-in-chief to which Complainant filed questionnaire against which OP No.1 filed reply.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            At the time of agreement Ld. Advocate for both the sides submits that manufacturer has replaced the defective Air Conditioner by a new Air Conditioner and hence the question of further making any order in respect of the defect Air Conditioner does not arise.

            Further on being asked Ld. Advocate for Complainant submits that such replacement was made during the pendency of this case and so his client is entitled to compensation and litigation cost.

            After having read the allegations made in the complaint petition and the evidence on record we are of the view that there is no material for allowing compensation. However, if litigation cost of Rs.5,000/-