Chandigarh

DF-I

CC/413/2024

M.S RANA - Complainant(s)

Versus

THE VOLTAS LIMITED - Opp.Party(s)

HARISH CHHABRA

02 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/413/2024
Date of Institution	:	28.8.2024
Date of Decision	:	2/12/2024

 

M.S. Rana s/o late Sh. Bharat Singh r/o H. No. 1495, G.F., Sector-22B, Chandigarh.

Complainant.

Versus

 

1. The Voltas Limited through its Managing Director, having its Head Office at Plot No.194-195, First Floor, Industrial Area, Phase-II, Chandigarh. PIN: 160002.

2. Meharsons Electronics Pvt. Ltd. through its Directors Sh. Satvinder Singh Mehar and Sh. Satbir Singh Mehar, having its office at SCO No. 820, Opposite Parade Ground, Sector 22-A, Chandigarh.

3. Satvinder Singh Mehar, Director of Meharsons Electronics Pvt. Ltd. having its office at SCO No. 1096, Near Indusind Bank, Sector 22-B, Chandigarh.

4.Satbir Singh Mehar, Director of Meharsons Electronics Pvt. Ltd. having its office at SCO No. 1096, Near Indusind Bank, Sector 22-B, Chandigarh.

...Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Complainant in person.
	:	Sh. Sanjay Judge, Advocate for OP No.1
	:	Sh. Daljeet Singh, authorized representative of OPs No.2 to 4.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-
   1. It transpires from the averments as projected in the consumer complaint that on 8.5.20243 the complainant visited the showroom of the OPs No.2 and 4 who are the authorized dealer of Voltas products, being manufactured by the OP.1, in order to buy a 1 Tonne Split Air Conditioner for the bedroom.  Though the complainant was not inclined to buy the required AC of Voltas brand, yet the OPs No.. 2-4 impressed upon him with superlative assurance as to quality and after sale service to buy Voltas AC and was thus successful in inducing the complainant to buy the same. Accordingly the complainant purchased one tonn spilt  3 Star Inverter AC (hereinafter to be  referred as subject AC) on payment of
      Rs.31,000/-  to the OPs. On the next day the Ops No.2 to 4 had sent their private unauthorized staff to install the said AC in his house and the said AC was made functional on 09.05.2024. However, the said AC could not be continuously used thereafter as the mother of the Complainant had gone to her native village in Haryana and returned on 26.06.2024 and on that day, when the said AC was required to be used, the complainant shocked  to see that though the AC was working but there was no cooling and it started  displaying error: E8. Accordingly the complainant lodged complaint with OPs on  26.06.2024 and it was assured by the OPs  that the issue will be resolved immediately.  After waiting till 28.06.2024, when no response was received from anyone, the Complainant approached Opposite Party Nos. 2 to 4 for the redressal of his grievance, at which they assured that their technician Balwinder Singh will visit the premises  of the complainant. However, on 29.06.2024  Love Kush Singh  the technician of OPs visited  the premises of the complainant and inspected the subject AC and on checking of the said AC, he apprised the Complainant about its Controller being not working and the same is required to be replaced. However, thereafter whenever the complainant asked about the replacement of the controller, though it was assured that service engineer Manjot Singh will visit the premises of the complainant but nothing was done by the OPs. Since then  the complainant has been waiting ,  for the replacement of the said part but to no use. The complainant raised the issue with the OPs several times but nothing has been done Thereafter the complainant has compelled to sent email dated 17.7.2024 Annexure C-2  to OP No.1 for the redressal of issue followed by legal notice Annexure C-3  but nothing was done by the OPs. In this manner, the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
   2. OP No.1 resisted the consumer complaint and filed its written version, inter alia, taking preliminary objections of  maintainability, cause of action, non-joinder of party and also that the  answering OP never refused to provide service to the complainant. On merits, not disputed that the subject AC was purchased by the complainant from OP No.2. It is denied  that the service was not provided by the answering OP  to the complainant by alleging that in fact there is no manufacturing defect in the subject AC. Moreover, no expert report has been submitted by the complainant to substantiate his claim. Hence there is no deficiency on the part of the answering OP.  The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
   3. Defence of OPs NO. 2 to 4 struck off vide order dated 22.11.2024 as they failed to file reply with stipulated period.
   4. Despite grant of numerous opportunities, no rejoinder was filed by the complainant to rebut the stand of the OP.
2. In order to prove his case, complainant  and OP No.1 tendered/proved their evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the parties and also gone through the file carefully alongwith written arguments on record.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that  the complainant has purchased the subject AC from the OP NO.2 and on finding the cooling problem  with the subject AC, the complainant lodged a complaint with OPs and during pendency of the complaint the OPs have resolved the cooling issue by setting right the subject AC after replacing the control panel which fact has also been stated by the complainant vide his separate statement dated 22.10.2024  and the complainant has only pressed his claim with respect to mental agony and harassment and litigation cost, the case is reduced to a narrow compass as it is to be determined if  the complainant is entitled for the relief as pressed vide his separate statement or if the complaint being not maintainable is liable to be dismissed as is the defence of OP No.1.
   2. Perusal of record clearly indicates that after installation of the subject AC in the house of the complainant, the subject AC  started cooling problem on 26.6.2024  i.e. after about  one and half month and since then the complainant had been lodging complaints with the OPs and at one point of time the subject AC was inspected by the service technician of the OPs deputed by OP No.1 on 29.6.2024, who had found that the control panel of the subject AC is not properly working and since then the OPs did not care either to repair the subject part or to replace  the control panel before filing of the complaint and the same was replaced by the OPs during the pendency of the complaint i.e. in the month of October as a result of which the complainant suffered a lot during the summer season due to the non function of the subject AC, to our mind the complainant is entitled for compensation on account of mental agony and physical harassment and litigation costs
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under:-
   1. to pay lumpsum amount of Rs.7,000/- to the complainant towards compensation for causing mental agony and harassment and cost of litigation.
5. This order be complied with by the OPs jointly and severally within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days till realization.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 2/12/2024			[Pawanjit Singh] President
mp
			[Surjeet Kaur] Member
			[Suresh Kumar Sardana] Member