CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110016

    Case No.244/2019

SHAKUNTALA DEVI

R2 – 2908B/32, TUGHALAKABAD EXTN.,

NEW DELHI-110019…..COMPLAINANT

Vs.   

VOLTAS LTD.

INDUSTRIAL ESTATE, MATHURA ROAD,

NEW DELHI- 110044.…..RESPONDENT

Date of Institution-14.10.2019

Date of Order- 05.04.2024

O R D E R

DR. RAJENDER DHAR-MEMBER   

1. The complaint pertains to malfunctioning of AC purchased by the complainant and praying for new AC.

2. Complainant in her complaint which was registered on 14.10.2019 under CC No. 244/2019 has stated that she purchased an AC from the Vijay Sales which carried warranty of one year. AC was installed at residence on 28.05.2019. Problem arose on the first day of purchase, she made a complaint to Voltas company regarding malfunctioning of AC despite that AC did not work properly due to which complainant had to face lot of problems, the complainant has attached invoice dated 27.05.2019 issued by Vijay Sales i.e. dealer for Rs.25,000/- towards the cost of split AC three star one ton.

3. She has also filed four service reports which show that four engineers from the service centre from Voltas have visited but despite that AC did not function normally.

4. Parties on their own went for mediation on 06.08.2019 but only one party i.e. complainant appeared and hence, the settlement could not take place. Mediation/ conciliation report dated 11.10.2019 has been placed on record by the complainant.
5. Complainant has prayed that her faulty AC may be replaced with new AC, and compensation for problems faced by her may also be provided on account of problems faced by her. Although, there is no proper application regarding memo of parties.

6. Notices were served to OP and as per track report dated 03.12.2022 available on file shows process/ notice stands served on OP. Hence, the OP was proceeded Ex-parte vide order dated 22.09.2023.

7. Complainant has filed written submissions stating that copy of invoice and on four occasions when service engineers visited for repair of AC same have been placed on record and the same may be treated as evidence of the complainant.

8. Contents of the complaint remained unrebutted and unchallenged. Therefore, this Commission is deemed to believe the same to be true and correct. The Commission has also perused documents like original invoice dated 27.05.2019 and service reports dated 29.05.2019, 04.06.2019, 24.06.2019 and 25.07.2019. The Commission has also perused the terms and conditions issued by manufacturer Voltas which is placed on file.

9. It is also seen that the AC was malfunctioning right from day one, when it was still under warranty period which was for 12 months i.e. for one year. Under these circumstances when OP despite service of notice preferred not to put in their appearance and also have not filed any reply, this Commission is bound to believe the contents of the complaint and contentions of the complainant to be true.

10. It is also seen that first service report is for installation and date of purchase of AC was 28.05.2019 and date of installation was 29.05.2019 but a service report thereafter dated 24.06.2019 and 25.07.2019 clearly establish the fact that the AC was malfunctioning during the warranty period itself, which clearly amounts to manufacturing defect. Since, the complainant has suffered agony of heat during peak summer season and other problems due to faulty AC supplied by the OP. OP is fully liable for deficiency in service and hence, the Commission is of the considered view that end of justice would be served and therefore following directions are passed:-

1. OP to pay Rs.25,000/-to the complainant within one month of the issuance of this order, failing which it shall entail 9% interest per annum.

2. OP to pay Rs.10,000/- towards mental harassment and other problems faced by the complainant due to malfunctioning of old AC within one month of the passing of this order failing which it shall entail 9% interest per annum.
3. OP shall also pay Rs.5,000/- towards litigation expenses. The said amount shall be paid within one month of the passing of this order failing which it shall entail 9% interest per annum.

11. Order to be uploaded on website. File be consigned to record room.