Complainant Amandeep Singh has filed the present complaint against the opposite parties by alleging that he purchased 'Whirpool AC' from opposite party No.1 on 18.06.2021 and at that time he found problem in the AC as it was not working properly, which was replaced by opposite party No.1 and new Whirpool AC was installed by them. He further pleaded that on Nov. 09 he was celebrating marriage anniversary party at home with all his family members and guests and at that time AC was working fine. At around 3.15 P.M. his neighbour came and said that that something is burning at your top floor with high flames. Then when he went to the roof and saw that outside unit of AC was burning. His new born baby was sleeping near the said AC in the room which was almost in blast condition. He also pleaded that all his neighbour came and throw water on the said AC to cool down the fire and after two hours fire cool down. All the family members were frightened over the issue. After that he called Whirpool Customer Care on the same day but none had come to his house and after two days they came and inspected the AC and said that it has happened due to internal short circuit of AC and also said that they will replace it as it is under warranty. They visited 3 to 4 times to check the AC and last time they visited on Dec. 15 to check the AC and they opened all parts of the AC in question and found in burned condition. They said that they will replace the AC after getting the approval. He next pleaded that afterwards he received a call saying that this AC could not be replaced as it has been burnt by myself and cannot give any warranty. Lastly, complainant pleaded that their local employee of whirpool service centre visited his home four times to the check the AC said that it has burnt due to internal short circuit. Opposite party denied to replace, hence the complaint.

2.       Notice was issued to the opposite parties. Opposite parties no.2 to 4 appeared through their counsel and filed their written reply by taking the preliminary objections that the present complaint is malfide and an abuse of process of law, that the complainant has not come to the Hon'ble Forum with clean hands and no cause of action has arisen in favour of complainant and he suppressed the material facts from the Hon'ble Forum, that the request of the complainant for replacement of AC in question is not proper and justified and complainant has not filed any documentary evidence or report of any expert in support of his allegations. On merits, it was submitted that opposite party receives call in Nov/Dec and service engineer on inspection found that the complainant himself used it negligently and it was happened due to some source external to the product and not due to fault of their product. It was further submitted that complainant was told regarding negligence on his part in handling of machine which was not under warranty but he was adamant for replacement. It was also submitted that Air Conditioner was purchased by the complainant in the month of May 2021 and it was worked smoothly for more than 6 months and if it was any manufacturing defect it could not work for a single day. It was next submitted that opposite party never sales inferior product to the customers and all the products to go under strict quality test before coming to the market for sale. It was also pleaded that opposite party totally disagree with the relief claimed by the complainant in his complaint in prayer clause regarding replacement of AC and compensation for harassment and lastly prayed for dismissal of complaint with cost.

3.       Opposite party No.1 did not appear to contest the case and was proceeded against exparte vide order dated 19.05.2022.

4.       Complainant has tendered into evidence his duly sworn affidavits Ex.CW-1/A and Ex.CW-1/B alongwith documents Ex.C1 to Ex.C6.

5.       Counsel for the opposite parties no.2 to 4 has filed affidavit of Neeraj Mehta.

6.       Rejoinder also filed by the complainant.

7.       Written arguments filed by the complainant but not filed by the opposite parties no.2 to 4.

8.       We have examined all the documents/evidence produced on record and have also duly considered and perused the arguments duly put forth by the complainant and learned counsel for the opposite parties no.2 to 4 while adjudicating the present complaint.

9.       As detailed above the present complaint is regarding denial of opposite party to repair or replace the defective part of AC purchased by the complainant in June, 2021 form opposite party No.1.

10.     Copy of invoice dated 28.05.2021 is placed on file at Ex.C4 by the complainant which shows that the product price as Rs.24,267/- and in the body column, one year warranty on product is clearly mentioned.

11.     It is alleged by the complainant that on 09.11.2021 outdoor unit of the AC caught fire and damaged. Service engineer of the Company opposite party No.2 declared at site that it has burnt due to internal short circuit. But afterwards the replacement/repair has been denied on the plea that he has burnt it himself.

12.     Opposite parties no.2 to 4 in their written statement admitted the purchase of said AC. It is further stated that it has worked properly for more than 6 months. It is apprehended that it has burnt due to negligence on the part of the complainant. Hence it cannot be repaired/replaced under warranty.

13.     From the above narration it is brought that the outdoor unit of AC of the complainant burnt within the warrant period of the product as per invoice at Ex.C4.

14.     It is also understood that installation of the AC after purchase is also done by authorized service engineers of the Company. So point of negligence on the part of complainant regarding handling of the machine does not arise.

15.     In view of the above we are of the considered opinion that complainant is fully entitled for repair/replacement of the defective outdoor unit of AC under warranty.

16.     Hence, the present complaint of the complainant is partly allowed and opposite parties no.2 to 4 are ordered to replace the defective outdoor unit of AC with same make and model within 45 days of receipt of copy of this order failing which opposite parties no.2 to 4 shall refund the full amount paid by the complainant with 6% interest from the date of complaint till its realization. Besides this opposite parties no.2 to 4 are also directed to pay Rs.5,000/- in lum sump against compensation for litigation and harassment.

17.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office.

18.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.

  (Naveen Puri)

                                                                  President.                         

ANNOUNCED:                                   (B.S.Matharu)

DEC. 14, 2022.                                            Member.

YP.