Haryana

Ambala

CC/414/2017

Sher Singh - Complainant(s)

Versus

Voltas Ltd - Opp.Party(s)

Subhash Behgal

05 Sep 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                                    Complaint case no.        :  414 of 2017

                                                                    Date of Institution         :  21.11.2017

                                                                    Date of decision   :  05.09.2018

 

 

Sher Singh son of Shri Ajaib Singh, resident of village Sambhalkhi District Kurukshetra.

        ……. Complainant.

 

1.       Voltas Ltd. SCO 201,202,203, Second Floor, Sector-34-A, Chandigarh.

 

2.       M/s Saugat, 105-106, Rai Market, Ambala Cantt.

 

3.       Shagun Air Conditioning Works(Voltas Service Centre), Near Shastri Market, Kurukshetra-136118

 

     .…. Opposite Parties  

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER         

                  

                            

Present:       Sh. Subhash Behgal, counsel for complainant.

                   Sh. Sandeep Kashyap, counsel for Ops 1 to 3.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant had purchased one Voltas 1.5 Ton 5 star type window AC from the OP No.2 vide bill no.2577 dated 25.05.2017 for amount of Rs. 26,000/- from OP No.3 with five years warranty and four service free. After few days of the installation of the AC, the complainant noticed that the AC was not working properly, as the compressor of the AC was not functioning  properly and no auto cut in functioning of the AC  and also not cooling  properly. Accordingly, the complainant made a complaint at the customer care centre vide complaint no. 17081011318 dated 10.08.2017 and then the complainant received a message regarding the complaint and appointment of schedule for 11.08.2017. On one mechanic of the OP No.3 visited the house of the complainant and after checking the AC, the mechanic stated that there is a defect in compressor and due to that, the AC is not properly cooling and the mechanic further suggested that he took the PCB of the compressor and will replace the same after receiving from OP No.1 but the OP No.3 did not response thereafter. After that, the complainant again made a e-mail message reading the PCB to the OP No.1 on 30.08.2017 and then complainant received reply from the OP and the official of the OP informed the complainant that the complaint of complainant  was forwarded to Haryana branch service head for taking immediate action, but the same was not fruitful resulted. Then complainant again made a e-mail message on 12.09.2017 to OP No.2 regarding non solution from their and also requested that no solution is provided by the OP No.2 but till today, no solution was made from the side of the Ops. On 05.10.2017, the complainant got issued a Regd. AD legal notice upon the Ops. There was a serious deficiency on the part of the Ops. Thus,  the complainant has suffered a financial loss and mental agony &  harassment. Hence, the present complaint.

2.                Upon notices, OPs appeared and submitted written statement and stated that the air conditioner of the complainant was working properly and smoothly and there is no manufacturing defect in it. But complainant is not satisfied from the working of the AC and the complainant had made the complaints with ill motive to the OP No.1 on toll free no. Thereafter the OP No.1 deputed the authorized service center that is OP No.3 for checking the AC of the complainant. But when the service technician was visited the premises of the complainant for checking the AC, the complainant denial for any checking and complainant instructed the technician Munish Kumar for replacement of the AC with new one but Munish Kumar denied for accede the request of the complainant as without checking it cannot be done  and try to convince the complainant that this can be done after checking the product/AC  and preparing  the report as per checking. But the complainant denied for any repair/checking or preparation of report for the said AC. So, there is no deficiency on the part of the OPs and prayed for dismissal of the present complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 to C-10 and close his evidence. On the other hand, counsel for Ops have tendered affidavits as Annexure R-X & R-Y and close their evidence.

4.                We have heard learned counsels for both the parties and carefully gone through the case file. It is not disputed that the complainant has purchased one A.C. Voltas 1.5 Ton 5 star type window AC from the OP No.2 vide bill no.2577 dated 25.05.2017 for amount of Rs. 26,000/- from OP No.3 with five years warranty and four service free. The complainant has alleged that after purchasing the A.C. in question was not working properly. He send the complaint to the service centre through e-mail as Annexure C-2 on 10.08.2017. The service centre has received the same as per Annexure C-2. On 11.8.2018, the mechanic of the service centre visited the premises of the complainant as per Annexure C-1 and  also mentioned that PCB of the AC is not working but the grievance of the complainant has not been sort out nor PCB of compressor has been replaced. The Ops are duty bound to solve the problem of the complainant and to make the AC in working condition. However, the complainant has not produced any evidence on record whether the AC in question having any manufactured defect. In view of the facts and circumstances of the case it is clear that the Ops have not replaced the PCB of compressor and same has been become defective in warranty period. It is clear from the above said facts if the Ops have sort out the grievance of the complainant in time then complainant will not knock the door of the court. In this way, the complainant has been harassed by the Ops for not solving the problem occurred in the A.C. in question as per Annexure C-1. Hence, the present complaint is allowed with cost of Rs. 5000/-. The Ops are directed to replace the PCB of compressor of the A.C.free of cost and to make it in a working condition. The Ops are also directed to comply with the above said directions within thirty days from receipt of copy of the order. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room. 

Announced on : 05.09.2018

 

(PUSHPENDER KUMAR)                   (D.N. ARORA)

                               Member                                      President