Delhi

North East

CC/126/2022

Shakil Ahmed Ansari - Complainant(s)

Versus

Whirlpool Company Ltd. - Opp.Party(s)

18 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 126/22

 

 

 

In the matter of:

 

		Sh. Shakil Ahmed Ansari S/o Raisuddin Ahmed Ansari R/o E 59A 379, Kalander Colony, Jhilmil, Delhi 110095		Complainant
		Versus
		Whirlpool Company Ltd. & AB Electronics/Enterprises Vijay Park, Main Road, Near Maujpur Metro Station, Delhi-110053   Also at:- F2/276, 277, Near TVS showroom, Sunder Nagri, Delhi 110093		Opposite Party
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		24.05.22 16.10.24 18.11.24

 

CORAM:

Surinder Kumar Sharma, President

Ms. Adarsh Nain, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against Opposite Party.

Case of the Complainant                                                                 

1. The case of the Complainant as revealed from the record is that Complainant had purchased a Whirlpool Window AC from M/s AB Electronics/Enterprises on 15.06.21 for a sum of Rs. 18,000/- but Opposite Party i.e. M/s AB Electronics/ Enterprises has not given remote of AC and swing system to the Complainant. The Complainant was using the said AC without remote and swing system. The Complainant stated he bought AC in 2021 and Opposite Party gave him the AC of 2018 model and assured him that it was latest brand AC and also gave one year warranty of said AC. The said AC stopped working because the said AC was neither cooling well nor working properly. Thereafter Complainant visited the shop of dealer and he assured that he would sent a technician at his residence to check AC but nobody came at Complainant’s residence even after one month. The Complainant has regularly visiting the shop of AC but all in vain. Thereafter Complainant sent written application/complaint to dealer by post having consignment no. ED899160395IN dated 13.04.22 but Opposite Party did not pay any heed to the request of Complainant. Thereafter Complainant also emailed the dealer about the issue but Opposite Party did not take any action regarding the same. Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed for Rs. 18,000/- and additional of Rs. 5,000/- as compensation of harassment or replace the existing AC with another fresh new model and working AC because the AC in question is outdated and used AC of 2018 Model.
2. The Opposite Party namely Whirlpool India Ltd. filed reply. It is stated that the Complainant has purchased the graded product (second sale) from M/s AB Electronics/Enterprises and the bill issued by M/s AB Electronics/Enterprises shows that there was one year seller warranty of the said product. It is stated that the complaint is not maintainable as the Complainant has not purchased brand new AC and there was no guarantee/warranty issued by the manufacturer. It has prayed for the dismissal of the complaint. None has appeared on behalf of M/s AB Electronics/Enterprises.
3. The Complainant filed rejoinder to the written statement of Opposite Party wherein the Complainant has denied the pleas raised by the Opposite Party and has reiterated the assertion made in the complaint.
4. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.
5. The Opposite Parties did not file any evidence.
6. We have heard the Complainant in person and Ld. Counsel for the Opposite Party (Whirlpool Co. Ltd.) and we have also perused the file and the written arguments filed by the Opposite Party. The case of the Complainant is that he has purchased one AC for Rs. 18,000/- on 15.06.21. The Complainant has filed copy of the cash memo showing the payment of Rs. 18,000/- made to the M/s AB Electronics/Enterprises. The case of the Complainant is that the AC remote and swing system was not provided to him by the seller. In this regard, the Complainant has filed copy of the screen shots of the whatsapp messages. The perusal of the same shows that the Complainant was complaining about the non supply of the remote and the swing system and also regarding the improper functioning of the AC. The Complainant has also sent a complaint through regd. Post. He has filed the copy of the complaint and copy of the postal receipt. On the other hand, the Opposite Party did not lead any evidence to rebutt the case of the Complainant. Therefore, the case of the Complainant has to be believed.
7. In view of the above discussion, the complaint is allowed. In the present case one year guarantee was given by the seller i.e. M/s AB Electronics/Enterprises. Therefore, M/s AB Electronics/Enterprises is directed to pay an amount of  Rs. 18,000/- along with interest @ 9 % p.a. from the date of filing the complaint till recovery to the Complainant. The Complainant is directed to return back to the old AC to the M/s AB Electronics/Enterprises. M/s AB Electronics/Enterprises also directed to make a payment of Rs.10,000/- towards mental harassment and litigation expenses with interest @ 9 % p.a. from the date of this order till recovery to the Complainant.  
8. Order announced on 18.11.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Adarsh Nain)              Member

(Surinder Kumar Sharma) President