BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 145 of 2016

Date of Institution: 18.3.2016

Date of Decision:  10.08.2016 

Pooja Sharma aged  26 yrs w/o Gaurav Sharma D/o Sh.Madan Gopal resident of House No. 355, MIG Flat, Phase I, Dugri, Ludhiana

Complainant

Versus

1. Voltas India , Voltas Ltd., Voltas House, A-Block, Dr.Babasahib Ambedkar Road, Chinchpokli, Mumbai 400023 through its Director/Authorized Signatory
2. M/s. New Dhawan Electronics, Partap Bazar, Chheharta, Amritsar through its Prop./Partner/Manager/Authorized Signatory
3. Voltas Customer Care Centre, 4121 4122 LIG Flat, Urban Estate, Phase II, Backside Police Post Ludhiana through its  Authorized Signatory

Opposite Parties

Complaint under section 11 & 12  of the Consumer Protection Act, 1986 as amended upto date.

Present: For the Complainant : Sh.Vikram Puri, Advocate.

              For the Opposite Parties  No. 1 & 2: Sh.Sanjiv Arora,Advocate

              For the Opposite Party No.3: Ex-parte

Coram:

Sh.S.S.Panesar President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member  

Order dictated by:

Sh.S.S.Panessar,President.

1.  Pooja Sharma complainant has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986  on the allegations that complainant purchased one Split AC of Voltas make (1 ton) alongwith one LED 32” from opposite party No.2 for a total consideration of Rs. 42,500/- vide bill No. 12657 dated 1.2.2016 and as such complainant falls within the purview  of definition of ‘consumer’ as defined in the Consumer Protection Act. As such complainant is competent to invoke the jurisdiction of this  Forum for filing the instant complaint. The complainant purchased the aforesaid AC and LED  on the assurance of opposite party No.2 that the same are products of very reputed companies and those will not give any chance to the complainant to  complain about their function in near future. The aforesaid articles were sent to the residence of in-laws of the complainant in a packed condition and those were not shown to the complainant or to any other member of the family at that time. After the marriage of the complainant, when they called the mechanics of the opposite party No.2 for installation of the said AC and LED, they informed the complainant that the said AC is used one approximately for about 10 or more days and its blower is broken and the AC is not in a position to provide proper cooling. Even there were cracks on the blower and it was not working properly. The complainant immediately reported the matter to the opposite party vide complaint No. 135 dated 24.2.2016 . On the complaint of the complainant, blower of the AC was replaced . But even then the said AC was not working properly as per requirement of the complainant. The said AC is lying without any use since the date of its  purchase and whole of the hard earned money of the complainant has been wasted. Infact opposite party No.2 has intentionally and willfully sold the said AC to the complainant which was used one and it was not even working properly being defective. At the time of purchasing the AC the complainant had selected white colour but the opposite party No.2 had supplied the AC in black colour, knowing it to be defective. Opposite party has caused wrongful gain to itself and wrongful loss to the complainant. Thereafter the complainant has been visiting  opposite party No.2 and 3 time and again  for replacement of the AC or in the alternative to receive/get refund of the price of the AC to the tune of Rs. 23,500/-. but opposite parties are  dilly dallying the matter on one pretext or the other. The complainant has sought for following reliefs vide instant complaint:-

1. Opposite parties be directed to either to replace the AC or in the alternative to refund the whole sale price of the AC alongwith interest.
2. Opposite parties be also directed to pay compensation to the tune of Rs. 20000/- besides litigation expenses.

Hence, this complaint.

2.            Upon notice opposite parties No.1 & 2 appeared and contested the complaint by filing joint written statement taking certain preliminary objections therein inter alia that  present complaint is not maintainable. It is a malafide one as it has  filed by the complainant just to harass, humiliate and pressurize the replying opposite parties ; that complainant is estopped by his own act and conduct from filing the complaint ; that there is no deficiency in service on the part of the opposite party No.3 in any manner because the complainant has not filed  any complaint of the alleged AC to the opposite parties. The complainant has only filed one complaint No. 135 dated 24.2.2016 about the breakage of the blower which  was also false and frivolous one as the blower was broken during the transportation which was hired by the complainant from her parental home to her in-laws house.  However , the blower was replaced by the opposite parties in good faith on the same day as per satisfaction of the complainant. After that the complainant did not file any complaint to the opposite parties of any kind of defect in the AC ; that complainant has come to the Forum with unclean hands and has concealed the material  facts from the Forum, therefore, she is not entitled to any relief ; that  opposite parties have been unnecessarily dragged by the complainant into frivolous litigation without any cause of action , as such, she is liable to be penalized for such illegal act i.e. for filing frivolous complaint against the opposite party  and  due compensation may be awarded to opposite parties. On merits, facts narrated in the complaint have been  specifically denied and a prayer for dismissal of the complaint with cost has been made.

3.            Initially opposite party No.3  appeared  through Sh.Sanjeev Arora,Adv. and filed memo of appearance, but later on none put in appearance on behalf of opposite party No.3 and it was ordered to be proceeded against ex-parte.

4.            In his bid to prove the case Sh.Vikram Puri,Adv.counsel for the complainant tendered into evidence affidavit of the complainant Ex.C-1, copy of bill Ex.C-2, copy of job sheet Ex.C-3 and closed the evidence on behalf of the complainant.

5.            To rebut the aforesaid evidence, Sh.Sanjeev Arora,Adv.cousnel for Opposite parties No.1 & 2  tendered into evidence affidavit of Sh.Pawan Kumar, Prop Ex.OP1,2/1 and closed the evidence on behalf of opposite parties No.1 & 2.

6.            We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

7.            From the appraisal of the evidence on record, it becomes evident that complainant purchased one AC make Voltas  (1 ton) alongwith one LED 32” from opposite party No.2 for a total consideration of Rs. 42,500/- vide bill No. 12657 dated 1.2.2016, copy whereof is Ex.C-2 on record. The complainant filed complaint No. 135 dated 24.2.2016 complaining to the opposite party No.3 that blower  of the AC in dispute was broken and the AC was not properly cooling the room. Copy of the complaint accounts for Ex.C-3. On receipt of the complaint, mechanic of the opposite party visited the spot and found that the blower of the AC was broken. Although the blower got broken during transit from parental house of the complainant to her in-law house, yet opposite party replaced the blower to the satisfaction of the complainant  and the complainant received  the AC, after repair from the opposite parties vide receipt Ex.C-3 after recording her satisfaction regarding proper working of the gadget. Thereafter , the complainant did not make any complaint to the opposite parties regarding functioning of the AC in dispute  . During the course of arguments, ld.counsel for the complainant has also admitted that AC was working in proper condition after its repair and there was no complaint regarding the functioning of the AC in dispute even at present.

8.            The other matrix  that complainant had selected a white colour AC Voltas (1ton) for Rs. 23,500/- , but  opposite parties  supplied black colour Voltas AC to the complainant  and that the AC in dispute was used one at the time of its sale . Both these  allegations have no proof to substantiate their worthiness. It appears that the complainant has concocted  a false version just to pressurize the opposite parties to come to terms of her choice.  There is nothing on record nor there is any complaint made to the distributor trading those allegations. In such a situation the allegation(s) that the AC in dispute was  old one or that  the selected piece of AC was white in colour or that Voltas AC black in colour has been supplied, are not proved on record.

9.       From the aforesaid discussion, it emerges that complainant has miserably failed to prove her case. The complaint is without merit. There is no deficiency in service on the part of the opposite parties. Therefore, the instant  complaint fails and is ordered to be dismissed accordingly. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum                                  (S.S.Panesar)

Dated : 10.08.2016                                                                  President

/R/                        (Anoop Sharma)            (Kulwant Kaur Bajwa)

                                      Member                                   Member