DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.361 of 12-08-2010 Decided on 05-01-2011
Mangat Rai, aged about 29 years, son of Sh.Sat Pal, resident of Bhucho Mandi, Tehsil & Distt. Bathinda. .......Complainant
Versus
Voltas House 'A' Block, Dr. Babasaheb Ambedkar Road, Chinchpokli, Mumbai-400033, through its Managing Director. Voltas Crystal Care, Voltas Limited, Plot No.24/5, Industrial Area, Phase-II, Chandigarh, through its Incharge/Manager. Jyoti Television Centre, Phul Bazaar, Rampuraphul, Tehsil & Distt. Bathinda, through its owner/Prop.
......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President. Dr. Phulinder Preet, Member. Sh.Amarjeet Paul, Member. Present:- For the Complainant: Sh.Sandeep Singh,counsel for the complainant. For Opposite parties: Sh.Parveen Sharma, counsel for opposite party Nos.1&2. Opposite party No.3 exparte.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as 'Act'). The brief facts of the complaint are that the complainant had purchased one Voltas Air Conditioner with five years warranty having capacity of 1.5 Ton, Model V. Plus Window Air Conditioner, cooling capacity 5270 W, Power Consumption 1980 W from the opposite party No.3 for a sum of Rs.24,500/- vide bill No.1138 dated 18.08.2009. The complainant alleged that the Air Conditioner was not working properly since the date of its purchase and was not giving proper cooling and due to this, the complainant approached the opposite party No.3. The opposite party No.3 asked the complainant to contact the opposite party No.2 telephonically who is an authorized service centre of Voltas at Chandigarh. The Authorized Engineer of the opposite party No.2 came to Bhucho Mandi and reported “Can not be repaired” on service job card dated 26.05.2010. Thereafter, the complainant approached the opposite party No.3 and showed him the report of the opposite party No.2 and asked the opposite party No.3 to replace the said Air Conditioner with new one as assurance given by him but the opposite party No.3 failed to replace the Air Conditioner with new one. The complainant lodged a complaint at the Mumbai Branch vide complaint No. 10AV 0501743 and 10 AM Y 2803161 to Chandigarh and the officials of Pune Branch advised him to call on phone No.1800 425 4555 and the complainant tried to contact on the number given by Pune Branch but no person was available to attend the phone. The complainant alleged that due to the act and conduct of the opposite parties, earlier by supplying the defective Air Conditioner and later on, they have failed to remove the defect in the Air Conditioner. The complainant had suffered mental tension due to illness of his father. Hence, the complainant has filed the present complaint. 2. The opposite party Nos.1&2 have filed their joint written statement and submitted that the opposite party No.3 is not an authorized dealer of the opposite party Nos.1&2 as alleged by the complainant. As per rules and regulations of the opposite party Nos.1&2, there is no warranty for the replacement of the Air Conditioner in case of any defect in the Air Conditioner and as such, no assurance was given by the opposite party Nos.1&2. The complainant has never reported any defect in the Air Conditioner in question. The opposite party No.2 has never sent any authorized Engineer to check the Air Conditioner and had also not reported “Cannot be repaired” on the job card as alleged. The job card dated 26.05.2010, if any, is a manipulated document and having no concern with opposite party Nos.1&2. The opposite party Nos.1&2 further pleaded that only repair of the Air Conditioner can be provided free of cost in case of any defect in the Air Conditioner but there is neither any defect in the Air Conditioner nor any fault was ever reported by the complainant to the opposite party Nos.1&2. The opposite party Nos.1&2 are still ready and willing to provide the proper repair in case of any defect in the Air Conditioner as per rules and regulations of warranty. The opposite parties received the complaint from the complainant regarding the functioning of the Air Conditioner and had sent the mechanic from their authorized service centre at Bathinda and after checking the same, the concerned mechanic found that there was no defect in the Air Conditioner rather there was only voltage problem as the voltage was very low and there was no manufacturing defect in the Air Conditioner. 3. Parties have led their evidence in support of their respective pleadings. 4. Arguments heard. Record alongwith written submissions submitted by the complainant and the opposite party Nos.1&2 perused. 5. The opposite party No.3 despite service of notice, has failed to appear before this Forum. So, exparte proceedings are taken against the opposite party No.3. 6. The complainant had purchased one Air Conditioner of Voltas make for Rs.24,500/- vide retail Invoice No.1138 dated 18.08.2009 Ex.C-1 from Jyoti Television Centre i.e. opposite party No.3. The complainant has submitted that he has purchased the said Air Conditioner for comfort of his father as he is heart patient and suffering from ailments. The said Air Conditioner was not working properly and when he got it checked from the opposite party No.2 who is an authorized service centre of Voltas at Chandigarh. The opposite party No.2 got inspected the Air Conditioner in question by his authorized Engineer who has reported on Job Sheet dated 26.05.2010 “Can not be repaired”. The learned counsel for the complainant has submitted that at the time of purchasing the said Air Conditioner, the opposite parties allured him that if there would occur any defect in the warranty period, the Air Conditioner would be replaced. The complainant had lodged different complaint Nos.10AV 0501743 and 10 AM Y 2803161 to their Chandigarh office and to Pune Branch and submitted that the opposite parties have failed to do anything. 7. The learned counsel for the opposite party Nos.1&2 has submitted that the opposite party No.3 is not an authorized dealer of the opposite party Nos.1&2 and as per terms and conditions of the warranty, there is no guarantee of replacement of the Air Conditioner, in case of any defect, only repair can be done by the authorized service centre of the opposite parties according to their rules and regulations and as such, no assurance was given by the opposite parties to replace the Air Conditioner. The opposite party Nos.1&2 have further submitted that the complainant has never reported any defect in the said Air Conditioner and the opposite party No.2 has not sent his authorized Engineer to check the Air Conditioner. The opposite party Nos.1&2 have also specifically denied that their engineer has reported “Cannot be repaired” on the Job Sheet dated 26.05.2010 and if any such they have been mentioned that must be a manipulated document and having no concern with the opposite party Nos.1&2. The opposite party Nos.1&2 in their written statement on merit in para No.6 submitted that they have received a complaint from the complainant regarding the functioning of the Air Conditioner and the opposite party Nos.1&2 sent the mechanic from their authorized service centre at Bathinda and after checking the same by the concerned mechanic found that there was no defect in the said Air Conditioner rather there was only voltage problem as the voltage was very low and there was no manufacturing defect in the Air Conditioner. There is defect, if any, that is due to low voltage. 8. A perusal of Job Sheet dated 26.05.2010 Ex.C-2 in the column of Job, no cooling discharged, coil leak and in the same column, the word “cannot be repaired” was written. This job sheet is signed by the complainant Mangat Rai. No signatures of the authorized service dealer has been shown on this job sheet. As per Ex.C-3 i.e. warranty which is read as under:- “Voltas Guarantees to honour your above mentioned rights. You may please note 1. Repair or replacement of parts under your entitlement would be carried out by the nearest Voltas Service Station/Authorized Dealer. In case your air conditioner requires repairs at the workshop, our representative will advise you. 2. Your entitlement mentioned above, is confined to repair and replacement of the defective parts only and does not cover any consequential or resulting liability, damage or loss or replacement of the air conditioner itself or refund of the price.” A perusal of this document shows that the warranty for the compressor is of five years. The complainant has placed the affidavit of Sukhpal Singh who is Electronics Mechanic has deposed in his affidavit Ex.C-5 that:- “ I know the work of Air Conditioner Refrigerator etc. I am working with the companies like Voltas, LG, Videocon etc., and they used to engage me on complaint of their respective product. When the companies received any complaint from their customers, I used to visit and remove the complaints. In this case also I visited the house of the complainant at Bhucho Mandi alongwith Executive of the Voltas Company who was also Engineer of company. After checking the said AC of the complainant, the Engineer of the company hand over the memo, Exh.C-2 to the complainant in my presence on 26.05.2010 at about 10.35 a.m. I have also checked the complainant of the AC of Voltas company, the said was in warranty at that time. After throughly examined/checking the Executive of the company handover the service report Exh.C-2 by disclosing the fact 'cannot be repaired' in job column. As per my checking the AC of the complainant which is of Voltas company, I have also found that there is a manufacturing defect which can not be repaired i.e. also mentioned service report of the Engineer/Job report. I am also of the opinion that AC in question can not be repaired.” 9. Sh.Kulwant Singh Kang, Area Sales Manager, Voltas Limited has deposed in his affidavit Ex.R-1 in which he has deposed that there is no warranty for the replacement, in case of any defect rather as per terms and conditions of the opposite party Nos.1&2, only repair is being provided by the authorized service centre of the opposite party Nos.1&2. The opposite party Nos.1&2 had refused that they have never issued any job sheet to the complainant and their mechanic have never endorsed on it “cannot be repaired” on the job sheet dated 26.05.2010 and if any, is a manipulated document. 10. The opposite party Nos.1&2 have submitted in their written statement as well as their affidavit Ex.R-1 that they are ready to rectify the defect and willing to provide proper repair, if any defect in the Air Conditioner as per rules and regulations. The opposite party Nos.1&2 when received a complaint from the complainant regarding the functioning of the Air Conditioner, they sent the mechanic from their authorized service centre at Bathinda and after checking the same, the concerned mechanic found that there was no defect in the Air Conditioner and if any, that was only due to low voltage. 11. In view of what has been discussed above, this Forum concludes that the opposite parties have denied that the document Ex.C-2 does not belongs to the authorized service centre of the opposite party Nos.1&2. The opposite party Nos.1&2 has admitted the fact that the complainant has complained regarding the defect in the Air Conditioner in question. They have also sent their mechanic to check the said Air Conditioner but have not issued any job sheet or any certificate that the Air Conditioner's defect was due to low voltage. In such circumstances, this amounts to deficiency in service. Hence, this complaint is partly accepted against the opposite party Nos.1&2 with Rs.2,000/- as cost and compensation and dismissed qua opposite party No.3. The opposite party Nos.1&2 are directed to repair the Air Conditioner in question free of cost. Compliance of this order be made within 30 days from the date of receipt of copy of this order. 12. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '
Pronounced in open Forum (Vikramjit Kaur Soni) 05.01.2011 President
(Dr. Phulinder Preet) Member
(Amarjeet Paul) Member
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