Chandigarh

DF-I

CC/421/2021

Som Parkash - Complainant(s)

Versus

Voltas Limited - Opp.Party(s)

In Person

26 Nov 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/421/2021
Date of Institution	:	01/07/2021
Date of Decision	:	26/11/2021

 

 

Som Parkash son of Shri K.L. Kharbanda, resident of House No.911, Sector 7-B, Chandigarh.

… Complainant

V E R S U S

1. Voltas Limited, Plot No.194-195, First Floor, Industrial Area, Phase-II, Chandigarh through Shri Ankush Gupta, ASM.
2. M/s M.K. Refrigeration (Voltas Local Service Station), Shop No.1576/7, Sector 45-B, Chandigarh through Shri Vishal Kapoor, its Proprietor.
3. Kabir Electronics, SCF No.95, Phase-7, Mohali, through Shri Munish Chug, its Proprietor.

… Opposite Parties

CORAM	:	SHRI RAJAN DEWAN	PRESIDENT
		MRS. SURJEET KAUR	MEMBER
		SHRI SURESH KUMAR SARDANA	MEMBER

                                               

ARGUED BY	:	Complainant in person
	:	Sh. Rajinder Pandey, Counsel for OPs

Per Rajan Dewan, President

1.      Briefly stated, facts of the present case are, the complainant purchased three Voltas Split Inverter Air Conditioners from OP-3 vide invoice dated 5.5.2020 out of which two were of 1.0 ton and the third 1.5 ton and the dispute is with regard to 1.5 ton AC only. Averred, since the COVID-19 pandemic was at its peak in May-June 2020, therefore, as per compliance of the Govt. of India guidelines, the AC was used intermittently. However, in September/October, when the AC did not give proper cooling, complaint was lodged and the AC was got checked by OP-2. On the commencement of the summer season 2021, the AC was got serviced, but, after a few days it stopped cooling again. Accordingly, on 29.4.2021 complaint regarding non-cooling was made to OP-1 which was attended by the service engineer and the AC was shown to be correct during 10 minutes trial. After two days, the same problem reoccurred and accordingly complaint was made on 3.5.2021.  In response, the service engineer reported leakage of gas and refilled the same.  But, again after 5-6 days the AC again gave same problem. Upon complaint, service engineer took the outer panel of the AC to the service station for check up and refilled the gas. However, again after a few days, the same problem reoccurred. Accordingly complaint was made on 30.5.2021 vide email. The complainant vide another email dated 24.6.2021 requested the OP to change the defective AC, but, to no avail. Averred, despite various requests and complaints, neither the OPs set right the defective AC nor replaced the same which caused immense hardship and harassment to the complainant and his family.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, the complainant has filed the instant consumer complaint.
2.     OPs contested the consumer complaint, filed their joint written reply and admitted the factual matrix. Averred that except non-cooling the complainant has not specifically alleged any complaint and the Service Engineer deputed by OP-2 found the AC okay.  Maintained the AC was required to be “topped up” on account of leakage. Further averred, AC is in custody of the complainant, in absolute working condition, and the complainant did not allow inspection to be carried out. Pleading that there is no deficiency in service or unfair trade practice on their part, OPs prayed for dismissal of the consumer complaint.
3.     Rejoinder was filed by the complainant and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the complainant in person, learned counsel for the OPs and gone through the record of the case, including written arguments.
6.     Per pleadings of the parties, facts with regard to purchase of three ACs by the complainant vide invoice dated 5.5.2020 (Annexure C-1), the same being under warranty and malfunctioning of one of them (i.e. 1.5 ton) are admitted.  It is also admitted by the OPs that there was leakage in the said AC and the gas was topped up. 
7.     Candidly, out of the three ACs purchased by the complainant, he has not raised any grievance with regard to the two 1.0 ton ACs and the present dispute is pertaining to 1.5 ton AC only. It has been argued by the complainant that during the summer season of 2021, he faced problem of non-cooling of the said AC regarding which he lodged many complaints and even wrote emails dated 30.5.2021, 24.6.2021 and 29.6.2021 (Annexure C-2, C-4 and C-5).
8.     The emails of the complainant are self speaking in which he has narrated his plight and detailed the number of complaints lodged and when the AC could not be set right, he requested the OPs to change the same with a new one.  It is not the case of the OPs that the email ID, to which the complainant sent the emails, does not belong to them or that the said emails were not received by them. In fact, vide email dated 31.5.2021 (Annexure C-3), OPs acknowledged the receipt of grievance raised by the complainant.
9.     On the contrary, the stand of the OPs is that the complainant has not alleged any complaint except non-cooling. We are perplexed by this contention of the OPs as the whole purpose of the AC is to give cooling and non-cooling itself is a major problem.
10.     It is further argued by the OPs that the AC is in working condition and the complainant did not allow inspection to be carried out. The OPs boast of being organisation of repute and status, engaged in the business of manufacturing high quality products under stringent quality controls, ably supported by efficient + qualified after sale service team. If that is so, OPs should have immediately written to the complainant, by way of email or registered letter, and fixed some date for inspection, but, they failed to do so. This is especially more so when the complainant was constantly writing emails to them.
11.     No doubt, OPs have relied on the service report dated 29.6.2021 (Exb. R/1), but, we are of the view that this is nothing but a self serving report and does not help them at all. In this report, name of the technician is mentioned as Mr.Manimeet Singh and same was prepared on 29.6.2021 at 11:00 PM.  Date of visit is blank and the time of visit is 11:00 AM (in) and 5:00 PM (out) which shows the technician of the OPs spent six hours for setting right the fault of “No cooling” in the AC. This corroborates the plea of the complainant that there was major defect in the AC. OPs have also not annexed affidavit of said Mr. Manimeet Singh to substantiate their version, therefore, no reliance can be placed on the same.
12.     Per complainant, he suffered embarrassment before his guests, who had come to attend the ring ceremony of his daughter on 20.6.2021 when the AC stopped cooling. The complainant had parted with a huge amount of his hard earned money for purchase of the AC to enjoy its comforts and pleasures by him and his family in the hot and sultry summer season, but, he was deprived of the same. Leakage of gas and constant non-cooling in the AC, within the warranty period, are suffice to prove there was some inherent manufacturing defect in the AC, which could not be set right. Thus, OPs are proved to have indulged in deficiency in service and the present consumer complaint deserves to succeed.
13.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund the invoice price of the AC in question i.e. ₹34,200/- to the complainant and take back defective AC from his house, at their own cost.
2. to pay an amount of ₹7,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹5,000/- to the complainant as costs of litigation.

14.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
15.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
26/11/2021	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rajan Dewan]
hg	Member	Member	President