Delhi

East Delhi

CC/761/2014

NARESH - Complainant(s)

Versus

VOLTAS HOUSE - Opp.Party(s)

04 Dec 2015

ORDER

                DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no         761 / 2014

                                                                                                  Date of Institution                  22/08/2014

                                                                                                  Order Reserved on                 22/05/2017

                                                                                                  Date of Order                          23/05/2017   

                                                                                                        

In matter of

Mr. Naresh Joshi, adult 

S/o Sh C M Joshi

R/o C8-B, Street No. 9 

West Vinod Nagar, Delhi 110092….……………….……..…………….Complainant

                                                                  

                                                                     Vs

 

1-M/s Voltas Customer Service

Voltas House A (Company)

Baba sahib Ambedkar Road,  

Chichpokli,Mumbai-400033

 

2-M/s Choice electronics (Dealer)

H 15, Main Vikas Marg,

Laxmi Nagar, Delhi 11009………..………………...………………………  Opponents

 

Complainant……………………………………In  Person

Opponent ……....……………………………..Nahata & Company Advocates

 

Quorum           Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                   

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case

  

Complainant, Naresh Joshi purchased Voltas Split AC having specification 1.5 ton Titanium 3 S-1model from OP2/Choice Electronics for a sum of Rs 28,100/-vide invoice no. 7499 on dated 17/03/2013 as marked Ex CW1/1. The said AC was got fitted by complainant’s own engineer on the same day. It had been stated that the said AC was not working well from its second day of purchase, so complainant lodged his complaint to OP on 24/05/2013 through speed post as marked Ex CW1/2. The complaint was attended by OP engineer who told complainant that due to faulty installation, gas had leaked which was refilled by the engineer. It was stated that after about two months of working of AC, again cooling got reduced, for which a new complaint was lodged. On this complaint, service engineer came but complainant did not allow inspecting the AC as it had manufacturing defect. Thereafter, number of complaints were lodged, but OP did not attend the complaint. The complainant felt aggrieved by the defective services of OP, sent a legal notice of his own on 27/06/2014, but did not get the reply so filed this complaint claiming replacement of AC with compensation of Rs 60,000/-.  

Notices were served. OP2 did not put their appearance despite of serving number of notices, so OP2 was proceeded Ex Parte. OP1 submitted their written statement taking references of OP2’s service reports and totally denied all the allegations of complainants as false and incorrect. It was stated that the said AC was purchased in good quality and had no manufacturing defects. OP1 stated that their all products/goods had one year standard warranty and during this warranty tenure, complaints were attended and problems were rectified. Leakage of gas occurred due to improper installation of AC by unauthorized persons and leakage of gas had no warranty, still OP2 refilled the gas and since then, no complaint was received by them.    Whenever complaint was lodged by complainant, it was attended properly and well in time and problem was rectified by service engineer.

It was stated that under warranty, OP had responsibility for any problem if occur, but here as AC was installed by outsider person, so warranty gets void, but still OP attended complaints and did their job. More so, said AC had no manufacturing defect, still complainant had lodged complaints for replacement of AC. There was no deficiency in their services given by their authorized service centre and had no manufacturing defect, so this complaint be dismissed by the Forum. 

Complainant did not submit his rejoinder, but filed his evidence on affidavit and affirmed himself on oath that all the facts and evidences were correct and true and all correct facts had been stated in his complaint.  OP1 also submitted their evidences on affidavit through Mr. Rajiv Ranjan, Area Service Manager of OP1 and stated on oath that all the facts were rightly denied by them and their product had no manufacturing defect.  

Arguments were heard from both the parties at length and order was reserved.   

We have gone through all the facts and evidences on record. It was admitted by OP that the said AC was purchased and was manufactured by OP and services were provided by their authorized service centre as soon as complaint was received.

 

We have also scrutinized all the evidences of both parties and it was seen that there was no job card/sheet annexed by complainant. The complaints were lodged through speed post which too were attended in time. Complainant had not produced any evidence that the said AC had manufacturing defect and even during the pendency of his complaint before this Forum, no evidence of manufacturing defect was produced. In this case, there was only gas leakage problem which was refilled in time. Leakage of gas cannot be presumed as manufacturing defect for which replacement of said AC could be asked for. As complainant has not even submitted the warranty card’s evidence which had AC warranty of different products.

    

So, we are of the opinion that complainant could not prove the deficiency of services provided by OP2 and AC had any manufacturing defect. Thus, this complaint deserves to be dismissed, so dismissed without cost.

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

(Dr) P N Tiwari Member                                                                              Mrs Harpreet Kaur  Member                                                                             

                                                

                                                    Shri Sukhdev Singh President