DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

BATHINDA.

EA.No.102 of 20-11-2013

Decided on 15-01-2014

Prince Kumar S/o Bhushan Kumar R/o Thana Road, Maur Mandi, District Bathinda.

…....Complainant/Applicant

Versus

1.Raj Kumar, Manager/Proprietor/Partner of Voltas Authorized Service Centre, Jain School Wali Gali, Mansa.

2.Sanjay Johri, M.D/Chairman, Voltas India Ltd., Corporate Office at DR Babasaheb Road, Chinchopokli, Mumbai.

…....Opposite parties/Respondents

Application under Section 27 of the Consumer Protection Act, 1986.

QUORUM

Smt. Vikramjit Kaur Soni, President.

Sh.Amarjeet Paul, Member.

Smt.Sukhwinder Kaur, Member.

Present:-

For the Complainant/applicant: Sh.Surinder Kumar, counsel for the complainant/applicant.

For Opposite parties/respondents: Sh.Parveen Sharma, counsel for the opposite parties/respondents.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The applicant has filed an application under Section 27 of the Consumer Protection Act, 1986, as amended upto date (here-in-after referred to as 'Act') seeking an order of punishment on the ground that the opposite parties have not complied with the order passed in C.C No.430 of 03.09.2012, decided on 22.1.2013 by this Forum. The copy of the abovesaid order has been issued to the opposite parties on 19.2.2013 by this Forum. The applicant repeatedly requested the respondents to comply with the order, but they neither paid the amount of Rs.3000/- as cost and compensation nor repaired his Air Conditioner, in this way the respondents have failed to comply with the order of this Forum. Due to which, the applicant has to purchase a new Air Conditioner for Rs.30,100/-.

2. The show cause notice of this application under section 27 has been served to the respondents, they instead of filing of the reply have placed on file few documents, showing that compliance of the abovesaid order has been made.

3. The arguments heard at length on the application under section 27 filed by the applicant. Record placed on file perused.

4. The operating portion of the order passed by this Forum on dated 22.1.2013 is:-

“10) Therefore in view of what has been discussed above this complaint is accepted with Rs.3000/- as cost and compensation against the opposite party Nos.2 and 3 and dismissed qua the opposite party No.1 and the opposite party Nos.2 and 3 are directed to rectify the defects in the said cooler to the entire satisfaction of the complainant free of cost. In case the opposite party Nos.2 and 3 found any part to be replaceable, it shall be replaced with new one free of cost to the entire satisfaction of the complainant and issue a job-sheet to this effect and handover the said Air Conditioner to the complainant after getting signed the satisfaction note from him. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.”

5. The respondents have placed on file a letter dated 30.3.2013, written to the applicant alongwith pay order of Rs.3000/- and job sheets. In the said letter it has been mentioned that as per the order passed by this Forum on 22.1.2013, they hereby confirm that they have repaired the said (4511293M11C001669) number of defective 0.75Tr Pluto) Voltas Air Conditioner(s) on 12.3.2013 at Thana Road, Maur Mandi, District Bathinda, as directed by this Forum to his satisfaction and the same is now in proper working condition. They have enclosed a pay order bearing Ref. No.199010 dated 1.3.2013 drawn on the Karur Vysya Bank for the amount of Rs.3000/- towards the payment in full of the sum of compensation awarded by this Forum and requested the applicant to acknowledge the same by counter-signing a copy of this letter and attached the service report dated 12.3.2013, in which it has been specifically mentioned that 'I am satisfied with the job done/repairs carried out on my product and same is working satisfactorily' and the remarks has been given on it. The respondents have also placed on file the job sheet dated 17.3.2013, in which the customer has refused to sign and thereafter the engineer of the respondents has checked the Air Conditioner in question vide job sheet dated 19.3.2013 at 12:25 PM, in this job sheet it has been mentioned that 'Serial No:-AC not available; DOP/Bill No.:-Not showing', in this job sheet the engineer of the respondents has given the remarks:-'I had visited at customer place but Air Conditioner not available at place, also customer not ready to show AC for checking, his reply only want replacement and want re-open the case, after my request for visit report he refuse to sign any documents (1) AC not available at place/installed (2) Installed/Remove through unauthorized person'.

6. The entire record placed on file by the respondents show that the applicant/complainant is not co-operating with the respondents in checking his Air Conditioner. Moreover the job sheets placed on file show that the Air Conditioner in question is working properly and afterwards removed from the place where it has been installed. The complainant has received the awarded amount of Rs.3000/-, thus the compliance of the order dated 21.1.2013 in C.C No.430 of 3.9.2012 has already been done hence this application is hereby dismissed without any order as to cost.

7. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

15-01-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member