Date of Order : 31.03.2017
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to provide New Machine or pay the price of the Machine along with 18% interest.
- To direct the opposite parties to refund the money which has been taken by the opposite parties i.e. Rs. 6,810/- within the warranty period.
- To direct the opposite parties to pay Rs. 33,670/- ( Rs. Thirty Three thousand Six Hundred Seventy only ) as compensation.
- To direct the opposite parties to pay Rs. 20,000/- ( Rs. Twenty Thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he had purchased an Air – Conditioner namely 1.5 window Vertis plus as well as automatic voltage stabilizer from sun rise enterprises i.e. opposite party no. 2 for which he had paid total price of Rs. 24,800/- vide annexure – 1 series. The aforesaid machine was installed in his house on 17.05.2010. The aforesaid machine was initially defective and thereafter the complainant lodged a complaint on 04.08.2011 as will appear from annexure – 2. Thereafter just after 22 days from the first repairing the aforesaid Air – Conditioner became defective again for which he has again made complaint on 26.08.2011 as will appear from annexure – 3. On 29.08.2011 the opposite parties have charged Rs. 2,650/- vide annexure – 4 during the warranty period itself. The machine thereafter did not work properly and again a complaint was lodged on 04.07.2013 and for the same the complainant was charged Rs. 350/- as repairing cost as will appear from annexure – 5. In the same way the machine again became defective and as such the complainant again lodged a complaint on 13.07.2013 as will appear from annexure – 6. Again complainant lodged a complaint on 07.07.2014 for which Rs. 3,750/- was charged as will appear from annexure – 7. Again vide annexure – 8 series the complainant was charged Rs. 3,525/- on 16.07.2014. The complainant again lodged a complaint on 05.09.2014 as will appear from annexure – 9. When despite the aforementioned repairing, the defects of the machine (Air Conditioner) could not be removed then the complainant vide annexure – 10 gave a legal notice to the opposite parties. A reminder was also given by the complainant to opposite parties vide annexure – 11 but the grievance the complaint has not been redressed.
From the order sheet dated 24.05.2015 it transpires that one person namely Jay Pratap Singh opposite party no. 1 was present in the court and stated that on next date he will file authorized letter as well as written statement.
From order sheet dated 23.06.2015 it transpires that notice was served on opposite parties but despite this fact they did not choose to appear and file written statement for the reason best known to them despite allowing several adjournments for this purpose by this Forum.
In view of the facts and circumstances this case was heard as ex – parte.
It is needless to say that aforementioned facts has been asserted by the complainant on oath and there is no counter version and hence we have no option but to accept the fact asserted by the complainant.
The fact asserted by the complainant on oath clearly disclose deficiency on the part of opposite parties who are jointly and severally responsible for this.
For the reason stated above we direct the opposite party no. 2 to return Rs. 24,800/- ( Rs. Twenty Four Thousand Eight Hundred only ) which he has taken vide annexure – 1 series within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 2 will have to pay 10% on the said amount till its final payment.
The complainant is also directed to hand over the Air – Conditioner to opposite party no. 2 at the time of receiving the price of the said Air – Conditioner. If the aforesaid air conditioner is with him.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
