BEFORE THE DISTRICT FORUM (UNDER CONSUMER PROTECTION ACT, 1986), MEDAK AT SANGAREDDY .
Present: Sri P.V.Subrahmanayma, B.A.B.L., PRESIDENT
Smt U.Sunita, M.A., Lady Member
Sri Mekala Narsimha Reddy, M.A.,LL.B.,
P.G.D.C.P.L. Male Member
Wednesday, the 09th day of December, 2009
CC. No. 24 of 2009
Between:
S. Vishwanahtam S/o Dhulappa, aged: 51 years,
Occ: Business, R/o H.No. 3436/B, F.R.S. Road,
Sangareddy town, Dist. Medak. …. Complainant
And
Veera Reddy S/o Not known, aged about: 43 years,
Occ: Business, Proprietor of S.V. Electronics & Home
Applices, R/o Kapila Complex, A.P.H.B. Colony,
Opp: New Collectorate Building, Main Road,
Sangareddy, Dist: Medak.
… Oppsoite party
This case came up for final hearing before us on 27.11.2009 in the presence of Sri. P. Bapu Reddy, Advocate for the Complainant and opposite party in person, upon perusing the record and having stood over for consideration till this day, this forum delivered the following :
(After perusal of the order of the Hon’ble President I write separate order)
DISSENT ORDER
(Per Smt. U. Sunitha, Lady Member)
This complaint is filed Under Section 12 of Consumer Protection Act, 1986 to direct the opposite party to replace air cooler and to award compensation of Rs. 50,000/- and to allow the complaint with costs. The brief facts of the complaint are that the complainant purchased Kenstar 0434 air cooler with the opposite party, an amount of Rs.6,100/-on 20.04.2009 vide cash receipt invoice No. 61 and the opposite party issued warranty card for a period of 12 months. It is stated that after using the air cooler for a period of 15 days, the complainant observed that internal motor which rotates the water in the box of the cooler is not rotating and not supplying the water to the grossmats which are inserted three insides of the cooler, due to that effect the hot air is coming from the air cooler. Hence the complainant has suffered physically and much mental pain. On 08.05.2009 the complainant approached the opposite party and complained orally due to the fault of the air cooler. The complainant and family members were suffered with health problem.
The complainant further stated that the complainant approached several times to the opposite party and he is not given any response, even the complainant has informed about approaching of Consumer Forum also, but the opposite party not responding and behaving negligently and not providing any service as warranty given by him or not arranging other air cooler alternatively. Even after receiving the complaint the opposite party failed to provide service or to arrange another air cooler by replacing the old. The opposite party with a malafide intention neglecting the service and not arranging the alternate air cooler hence this complaint is filed with prayer to direct the opposite party to replace air cooler and to award compensation of Rs. 50,000/- and to allow the complaint with costs.
The opposite party filed counter stating that it is not in dispute that Kenstar cooler was sold by the opposite party to the complainant and the opposite party informed that it requires repairs. The opposite party immediately obtained a complaint from the complainant and informed the same to the opposite party with complaint No. 1105090058. The complainant was given a copy of it. Like wise the opposite party has given a second complaint with complaint No. 1305090367 and a third complaint with complaint no. 3005090109. The company service people immediately telephoned to the complainant but the complainant refused their services. Thereafter the complainant sent a notice to the opposite party. The opposite party immediately informed the same to Kenstar Company service people. The area service incharge of Kenstar Company (ASI)went to the house of the complainant but the complainant refused. The opposite party is only a retailer. Company itself provides service. The case may therefore be dismissed.
The point for consideration is whether the complainant is prove the deficiency of service on the part of the opposite party.
To prove the case of the complainant the complainant filed evidence affidavit and marked Exs. A1 and A2 on behalf of the complainant. The opposite party has not filed any evidence affidavit nor marked any documents. Written arguments of complainant filed. The opposite party has not filed written arguments. Both parties have not advanced oral arguments.
The case of the complainant are that the the complainant purchased Kenstar 0434 air cooler with the opposite party, an amount of Rs.6,100/-on 20.04.2009 vide cash receipt invoice No. 61 and the opposite party issued warranty card for a period of 12 months. It is stated that after using the air cooler for a period of 15 days, the complainant observed that internal motor which rotates the water in the box of the cooler is not rotating and not supplying the water to the grossmats which are inserted three insides of the cooler, due to that effect the hot air is coming from the air cooler. Hence the complainant has suffered physically and much mental pain. On 08.05.2009 the complainant approached the opposite party and complained orally due to the fault of the air cooler. The complainant and family members were suffered with health problem.
The complainant further stated that the complainant approached several times to the opposite party and he is not given any response, even the complainant has informed about approaching of Consumer Forum also, but the opposite party not responding and behaving negligently and not providing any service as warranty given by him or not arranging other air cooler alternatively. Hence this complaint.
The opposite party filed counter it is not denying that Kenstar cooler was sold by the opposite party to the complainant and the opposite party informed that it requires repairs. The opposite party immediately obtained a complaint from the complainant and informed the same to the opposite party with complaint No. 1105090058. The complainant was given a copy of it. Like wise the opposite party has given a second complaint with complaint No. 1305090367 and a third complaint with complaint no. 3005090109. The company service people immediately telephoned to the complainant but the complainant refused their services. Thereafter the complainant sent a notice to the opposite party. The opposite party immediately informed the same to Kenstar Company service people. The area service incharge of Kenstar Company (ASI)went to the house of the complainant but the complainant refused. The opposite party is only a retailer. Company itself provides service. Hence dismissed the complaint.
We have gone through the contention of the complaint, affidavit, documents, written arguments filed by the complaint and counter filed by the opposite party. The Ex. A1 is receipt given by the opposite party and Ex. A2 is a Owners Manual. The complainant purchased Kenstar air cooler from opposite party on 20.04.2009 and its warranty period 12 months. After two weeks the air cooler was not functioning, the complainant and family members suffered physically and much mental pain. The complainant approached to the opposite party on 08.05.2009 and complained orally. But the opposite party failed to provide service or to arrange the another air cooler by replacing the old. The opposite party admitted that the complainant purchased air cooler from opposite party and complainant complied orally the air cooler was not functioning and immediately the opposite party informed to the Kenstar Cooler Company Service and receive the complaint Nos. 1). 1105090058, 2) 1305090367 and 3). 3005090109 and same was given to the complainant. The company service incharge contact the complainant by telephone but the complainant refused. Thereafter the complainant issued notice to the opposite party the company service incharge went to the complainant house and complainant refused. In this regard the opposite party did not filed any documents. It is summer season the complainant purchased air cooler, from protection of heat, but the air cooler was not functioning, the complainant and family members suffered physically and much mental pain. It is deficiency of service of the opposite party. As such the point is answered infavour of the complainant.
In the result the complaint is allowed, directing the opposite party to replace the air cooler by a new one. It is further directed to pay Rs.1500/- towards compensation and also pay Rs.500/- towards costs of this complaint. This order shall be complied within one month from the date of receipt of this order.
Typed to dictation, corrected and pronounced by us in the open forum this 09th day of December, 2009.
**** Sd/- Sd/-
PRESIDENT LADY MEMBER MALE MEMBER
Copy to
1) The Complainant
2) The Opposite party
3) Spare copy Copy delivered to the Complainant/
Opp.party on ________
Dis.No. /2009, dt.
