IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31st day of December, 2015
Filed on 19.09.2014
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.234/2014
Between
Complainant:- Opposite parties:-
Sri. P.A. Podiyan 1. The Proprietor, Home Care
Thaiparambil “The Prime Shop
Kalavankodam P.O. Near Chithranjali Theare
Cherthala Cherthala – 688 524
(By Adv. K.S. Mizver)
2. The Whirlpool Authorized
Service Centre, Near
Kaichoondy Junction
Alappuzha
3. Head Corporate Consumer Cell Whirlpool India Ltd., # 28 NIT Faridabad – 121 001
Represented by its General
Manager
4. Whirlpool India Pvt. Ltd.
Corporate Office, Plot No.40
Sector – 44, Gurgaon – 122002 Represented by its General
Manager
(By Adv. E.D. Zachariah – for opposite parties 1 to 4) O R D E R
SMT. JASMINE D. (MEMBER)
The brief facts of the complaint are as follows:-
The complainant is running a garment shop by name “Yuva Men’s Wear” for his livelihood. He purchased whirlpool one ton AC from the first opposite party on 8.3.2014 for a total sum of Rs.28,000/- for installing the same in his shop and it was installed by the technician of the second opposite party. At the time of purchasing the AC, the complainant specifically asked the first opposite party for AC which is having copper pipes. So the first opposite party advised to purchase 5 star Whirlpool AC. On believing the words of the first opposite party, the complainant purchased the said AC. After 5 months of its purchase, (ie. on 12.8.2014) the said AC shows the complaint of no cooling. So he contacted the first opposite party and the technician from the second opposite party came to the shop of the complainant and he cleaned the AC, but the defect was not rectified. Thereafter, on 26.8.2014 the technician from the same opposite party again examined and told the complainant that the pipe is leaking and it need welding and released the pipe of AC. In order to release the pipe, the technician removed the display board of the shop. Surprisingly the complainant came to realize that the pipe of the said AC was not a copper but of aluminum only. On believing the words of the first opposite party the complainant purchased the scheduled AC under the belief that it has copper pipes. Moreover the first and second opposite party did not take any initiative to repair the scheduled AC properly despite the repeated demand from the complainant. Since the defect of the AC was not rectified when no other way left the complainant purchase a new Blue star AC for Rs.38,500/- from Cool Ever Solutions, Pathirappally. The complainant suffered heavy mental agony due to illegal act of the first and second opposite party and incurred monetary loss. So on 11.9.2014 the complainant approached the first opposite party and detailed his grievances and asked him to take back the scheduled AC and refund the price of it. But no positive response was from the side of the opposite parties. So there is gross dereliction of duty and deficiency of service on the part of the opposite parties. Hence filed this complaint.
2. The version of the opposite parties is as follows:-
There is no deficiency in service on the part of the opposite parties. The complainant never demanded for AC having copper pipes. The refund of the sold AC is not allowable when the complainant intimated technician from the opposite party inspected the said AC and found that there is internal gas leaking in the AC and requested to take the AC to the service centre for repairing, but the complainant was not willing for it and demanded to replace the AC with a new one which is having copper pipes. There is no deficiency in service on the part of the opposite parties, hence the complaint may be dismissed.
3. The complainant was examined as PW1 and documents produced were marked as Exts.A1 to A3 series. The Manager of the first opposite party was examined as RW1 and a technician of the first opposite party was examined as RW2. The expert commissioner’s report was marked as Ext.C1.
4. Considering the allegations of the complainant and contentions of the opposite parties, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any reliefs as prayed for?
5. Points 1 and 2:- The case of the complainant is that the complainant purchased an AC from the first opposite party manufactured by the 4th opposite party. During the warranty period the product became defective and the defect was intimated to the opposite parties, but the defect was not rectified so far. The complainant further alleged that the complainant asked for an AC having copper condenser, but the opposite party gave an AC having aluminum condenser making him belief that the same was having copper condenser. The complainant filed this complaint seeking refund of the price of the AC along with compensation and costs.
6. According to the opposite parties, the complainant never asked for AC having copper condenser instead he demanded for a cheaper AC. Moreover the opposite party was ready to repair the AC but the complainant does not allow the opposite party to take the AC to the service centre for repairing. The complainant was examined as PW1 and documents Exts.A1 to A3 marked. Commission report was marked as Ext.C1. From Ext.C1 expert commission report it was clear that the AC was not in a working condition. Admittedly the complainant purchased the AC on 8.3.2014 and within a period of 5 months the complaint of ‘ no cooling’ was registered twice, so the same complaint is recurring. Further in the expert commission report, it was stated that gas leak was noted in three pipes of condenser unit and also in the discharge joint and the defect has not been rectified. According to the complainant, he could not use the AC due to its recurring defects. The complainant proved his allegation by supporting documents. Admittedly the defect occurred within the warranty period. Since the defect has not been rectified the opposite parties has committed deficiency in service. Therefore the complainant is entitled to get refund of the price of AC. The documents produced would show that the case of the complainant is genuine. Accordingly we allow the complaint.
In the result, the complaint is allowed. The opposite parties are directed to refund the price of the Air Conditioner Rs.28,000/- (Rupees twenty eight thousand only) to the complainant. The complainant is also directed to return the defective AC to the opposite parties. The opposite parties are further directed pay an amount of Rs.2,000/- (Rupees two thousand only) towards compensation and Rs.1000/- (Rupees one thousand only) towards costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order. Failing which the amount of Rs.28,000/- shall carry interest @ 10% per annum till realization.
Pronounced in open Forum on this the 31st day of December, 2015.
Sd/- Smt. Jasmine.D. (Member) : .
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Podiyan T.A. (Witness)
Ext.A1 - Invoice dated 8.3.2014
Ext.A2 - Use and Care Booklet
Ext.A3 - Copy of the invoice dated 1.9.2014
Ext.C1 - Commissioner’s report
Evidence of the opposite parties:-
RW1 - Bensilal M.S. (Witness)
RW2 - Suresh.P. (Witness)
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
