Haryana

Karnal

CC/41/2015

Sardar Gurbaj Singh S/o Harbajan Singh - Complainant(s)

Versus

Voltas Limited - Opp.Party(s)

17 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.41 of 2015

                                                               Date of instt. 10.03.2015

                                                               Date of decision: 17.11.2015

 

Sardar Gurbaj Singh son of Sh.Harbajan Singh resident of village Dabri Dera P.O.CSSRI, District Karnal.

                                                                  ……..Complainant.

                                  Vs.

1.Voltas Limited Ist floor A-43, MCIE Mathura Road, New Delhi 110044, through its authorized person/Manager.

 

2.Doda Comforts, 417, Ashoka Colony, Opp. Police Lines, Karnal.

                                                           ……… Opposite Parties.

 

                     Complaint u/s 12  of the Consumer

                     Protection Act.

 

Before          Sh.K.C.Sharma……. President.

                   Sh.Anil Sharma ………Member.

                   Smt.Shashi Sharma…..Member. 

 

 Present:       Sh.Gurbaj Singh complainant in  person.

                   Sh.Vishal Kundhi Advocate for the Ops.

ORDER:

         

                   This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act  1986, on the averments that         he purchased one Voltas Window Air conditioner from Opposite Party ( in short OP) No.2 , the authorized dealer of OP No.1 for Rs.24086/- vide invoice No.9255 dated 29.4.2014. The warranty for air conditioner was one year    and    for compressor  five years. However, after   few days, the air conditioner started giving problem of less cooling and then stopped cooling.  He approached the OP no.2, who sent mechanic for checking the  air conditioner. The mechanic after checking told that there was problem in the compressor and the some other parts. The OP No.2 changed the compressor and some other parts and also filled gas, but despite that the cooling was not proper. He again approached the OP No.2, but the mechanic sent by the OP No.2 did not remove the defects. It has further been alleged that complainant made complaint on toll free number 18004254555  also, but to no avail. In this way, there was deficiency in services on the part of the Ops, due to which he suffered mental harassment apart from financial loss.

                       

 

2.                Notice of the complaint was given to the Ops, who put into appearance and filed written statement controverting the  claim of the complainant. Objections have been raised that complaint is not maintainable in the present form; that complainant has no cause of action  and that the complainant has not approached this Forum with clean hands.

 

                   On merits, it has been submitted that there was no problem in the air conditioner of the complainant and  he has filed the complaint with sole motive  to extract illegally compensation from the Ops.  The air conditioner was working properly and there was no manufacturing defect in the same. There was no deficiency in services  or  unfair trade practice on the part of the Ops. The other allegations made in the complaint have been denied.

 

3.                In evidence of the complainant, he filed his affidavit Ex.C1 and documents Ex.C2 and Ex.C3.

 

4.                In evidence of the Ops, affidavit of Sh.Vineet Kumar Manager Legal Ex.OP1/A has been tendered.

 

5.                We have heard the complainant and the learned counsel for the Ops and have gone through the case file carefully.

 

6.                Purchase of Voltas air conditioner by the complainant from OP no.2 has not been disputed by the OPs. It has also been admitted that there was warranty of one year for air conditioner and of five years for compressor. The complainant has alleged that after a few days, the air conditioner stopped cooling,  which was repaired by the OP no.2, but the defect was not removed properly despite his complaint at the toll free number 18004254555.  The Ops  have asserted that there was no defect in the air conditioner and the same was properly working .

 

7.                The complainant has reiterated his allegations in his affidavit Ex.C1.  In order to rebut the allegations of the complainant, the Ops filed affidavit of Sh.Vineet Kumar, Manager Legal, who asserted that air conditioner was working  in perfect condition. Ops did not get checked the air conditioner of the complainant even during the pendency of the present complaint through some technical person, who could report about the functioning of the air conditioner. The complainant had purchased the air conditioner on 29.4.2014 and he filed the present complaint on 10.3.2015 i.e. well within one year of warranty. Had the air conditioner been working properly, there could be no reason for the complainant to file the present complaint, because  a man of  ordinary prudence  would not like to file the complaint unnecessarily until and  unless there is some defect or problem in the goods purchased by him and the defect is not removed by the authorized agency or the manufacturer despite his request. Under such circumstances, there is no reason to disbelieve the affidavit of the complainant.

 

8.                In view of the aforediscussed facts and circumstances we accept the present complaint and direct the Ops to repair the air conditioner of the complainant and if not repairable,  to replace the air conditioner of the complainant. The complainant shall also be entitled to Rs.3000/- for the mental agony and harassment suffered by him and for the litigation expenses. The Ops shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:17.11.2015                                                                             

                                                               (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                             Member.

 

 

 

 

Present:        Sh.Gurbaj Singh complainant in  person.

                   Sh.Vishal Kundhi Advocate for the Ops.

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:17.11.2015                                                                            

                                                               (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                             Member