S.K Sharma filed a consumer case on 16 Sep 2015 against Voltas Ltd. in the North East Consumer Court. The case no is CC/287/2014 and the judgment uploaded on 31 Oct 2015.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST
GOVT. OF NCT OF DELHI
D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93
Complaint Case No.287/14
In the matter of:
| S.K. Sharma R/o 1/6351, East Rohtash Nagar Gali No.5, Shahdara, Delhi-110032 |
Complainant |
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Versus
| |
| M/s Voltas Ltd 1st Floor, A-43, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110044 |
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| Opposite Party |
Order |
| DATE OF INSTITUTION: | 30-07-2014 |
| DATE OF DECISION : | 19-10-2015 |
N.K. Sharma, President:-
Nishat Ahmad Alvi, Member:-
1. As per the complaint complainant purchased a 1 ton Spilt AC of Voltas Company-OP from Aggarwal Electric home-OP2. At the time of installation the person installing the AC found that its fan was not working. Complainant tried to contact the dealer from where he purchased the AC but in vain. On 18-7-2014, complainant lodged a complaint to OP vide complaint No. 14071803317. Request for demo vide No. 14071701973 was also given to customer care of OP on 17-7-14. But none came for demo and even on calling, the customer care of OP daily, there was no response. After 6 days a person from service centre of OP came and told that fan of the AC is not working, condenser also required change. Complainant requested to replace the AC but it was not so replaced by company inspite of repeated requests to all the three i.e. company’s customer care, service centre and Mr. Kuldip, Area Sales Manager. Each of the OPs was asking the complainant to go to the other OP for replacement of unit of fan. Pleading deficiency in service and harassment complainant has prayed for a direction to replace the unit of fan and also impose a fine of Rs. 25,000/- on OP beside grant of compensation for harassment of Rs. 25,000/-.
2. After notice OP put its appearance through its counsel and filed its reply but it was not considered for the reason that opportunity to file written statement was closed.
3. Both complainant and OP filed their respective affidavits of evidence alongwith relevant documents.
4. Heard the complainant. OP was not present at the time of arguments and it was granted liberty to advance its arguments within one week from the date it was reserved for order. But even after passing 12 more days than a week nobody appeared on behalf of OP to advance arguments.
5. Complainant’s pleadings and record shows that, as per retail invoice/cash memo Annexure-A complainant has purchased spilt AC against payment of Rs. 23,000/- from M/s Aggarwal Electric Home. There is no written complaint to OP as alleged by the complainant but the number of complaint allegedly registered with OP vide No. 14071803317 and a request to customer care of OP for demo registered vide No. 14071701970. In its evidence without acknowledging or denying the complaint, OP has stated that just after receiving notice from this forum it has sent technician for inspection but complainant didn’t allow him even to enter in his house. It is alleged by the OP that he was not allowed just because the unit was perfectly alright.
6. During the course of proceedings before this forum OP has also offered to settle the matter by paying the invoice value of the AC being Rs. 23,000/- with Rs. 2000/- towards compensation for the inconvenience caused to the complainant to which complainant did not agree.
7. In the above circumstances though denying the allegations of defect in the AC OP by agreeing to refund the cost etc has infact admitted the defect in the AC. There is no specific denial in OP’s evidence of allegations in complaint. Hence, the same are deemed to be proved. Therefore, holding OP guilty for deficiency in service we direct the OP to replace the unit of fan alongwith compensation of Rs. 10,000/- for harassment and Rs. 5,000/- as litigation cost.
8. The order shall be complied within 30 days from the receipt of order of this Forum.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
10. File be consigned to record room.
(Announced on 19-10-2015)
(N.K. Sharma) President | (Nishat Ahmad Alvi) Member |
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