DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA(PUNJAB)<br /> <br /> C.C. No. 233 of 13.8.2007<br /> Decided on : 31.10.2007 <br /> <br /> Shri Ram Sarup Garg Cotton Mills, Malout through its Partner Sh. Vinod Kumar S/o Sh. Ram Sarup R/o Malout.<br /> ...... Complainant<br /> <br /> Versus. <br /> <br /> 1. The Jyoti Television Centre, Authorized Dealer Whirlpool Appliances, Rampur Phul-151103, Tehsil Phul, District Bathinda through its Proprietor/Partner.<br /> 2. Whirlpool of India Limited, B1/A12, Ist Floor, Mohan Cooperative Industrial Estate, New Delhi-110044 through its Managing Director.<br /> ...... Opposite parties<br /> <br /> Complaint under section 12 of the Consumer Protection Act, 1986<br /> <br /> QUORUM:<br /> <br /> Sh.Lakhbir Singh, President<br /> Sh.Hira Lal Kumar, Member<br /> Dr.Phulinder Preet, Member<br /> <br /> For the complainant : Sh. Navneet Kumar Garg, Advocate<br /> For the opposite parties : Exparte <br /> <br /> O R D E R.<br /> <br /> LAKHBIR SINGH, PRESIDENT:- <br /> 1. Complainant is a registered partnership concern and Sh. Vinod Kumar is one of its registered Partners. Complainant had purchased one Whirlpool A.C. 1.5 tone for personal use by Sh. Vinod Kumar in his office from opposite party No. 1 for a consideration of Rs. 27,500/- vide Cash Memo No.211 dated 28.6.2002. It was manufactured by opposite party No.2. It was represented by opposite party No. 1 that there would be no complaint of any type in its functioning. Assurance was given that in case of any problem in it, the same would be removed by providing best services. Five years guarantee against Compressor was given. It was told that in case defect is not curable, the product would be replaced with a new one. After purchase of the A.C, it started giving problem in cooling within the guarantee period. Opposite party No. 1 was approached. Complaint was made regarding improper cooling between Ist June to 30th June. It was forwarded by opposite party No. 1 to authorised service centre of Whirlpool which checked the A.C and told that there is manufacturing defect in it and Compressor is not working properly and the same has to be replaced with a new one. Opposite party No. 1 assured that it would replace the defective A.C including the Compressor. He repeatedly requested the opposite parties to replace them, but to no effect. He got issued legal notice upon the opposite parties on 13.7.2007, but no action was taken. A.C was neither repaired nor replaced. In these circumstances, this complaint under section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as the Act) has been preferred seeking direction from this Forum to the opposite parties to replace the defective A.C including Compressor which is not working properly or refund its price; pay him Rs. 5,500/- of legal expenses and pay Rs. 40,000/- for mental tension, agony, botheration, financial and physical harassment.<br /> 2. Registered A.D post notices of the complaint were issued to the opposite parties on 27.8.2007. Neither registered covers nor A.Ds were received back after the passing of 30 days from the date of their issuance. Accordingly, opposite parties have been deemed to have been duly served. No-one came present on their behalf. Hence, they have been proceeded against exparte.<br /> 3. In exparte evidence, complainant has produced affidavit (Ex.C.1) of Sh. Vinod Kumar, its Partner, Cash Memo dated 28.2.2002 (Ex.C.2), photocopy of legal notice (Ex.C.3) and photocopies of postal receipts (Ex.C.4 & Ex.C.5).<br /> 4. We have heard the learned counsel for the complainant. Apart from this, we have gone through the record and considered the written arguments submitted by the complainant. <br /> 5. Complainant in his affidavit Ex.C.1 has reiterated his version in the complaint. He categorically stated that A.C had started giving problem within the guarantee period. Opposite party No. 1 had forwarded the complaint to the service centre of opposite party No. 2 which had checked the A.C. It was told that there is manufacturing defect in it and Compressor is not working properly which has to be replaced with a new one. Opposite parties have not replaced the defective A.C. His repeated requests proved futile. Copy of the legal notice sent to the opposite parties is Ex.C.3 and its postal receipts are Ex.C.4 & Ex.C.5. <br /> 6. Evidence led by the complainant has gone unchallenged and unrebutted as opposite parties have not cared to contest the complaint. From the evidence on the record, it is proved that A.C had started causing problem in cooling within the warranty period. No-doubt, on the basis of the evidence of the complainant, it cannot be said that there is manufacturing defect in the A.C yet fact remains that it became defective during the warranty period. Despite requests of the complainant within the warranty period, it has not been made functional by the opposite parties. Hence, there is deficiency in service on the part of the opposite parties.<br /> 7. Now question arises as to which relief should be accorded to the complainant. In our view, direction cannot be given to the opposite parties to replace the A.C with a new one or pay its price as complainant has failed to establish manufacturing defect in it. In our view, opposite parties can be directed to repair the Compressor and make it functional as per terms and conditions of the warranty. Due to the act and conduct of the opposite parties, complainant must have undergone mental tension, agony, botheration and harassment for which he deserves some compensation which we assess as Rs.500/-.<br /> 8. No other point was urged before us at the time of arguments.<br /> 9. In the result, complaint is allowed exparte against the opposite parties with costs of Rs. 1,000/-. Opposite parties are directed to do as under :-<br /> ( i ) Repair Compressor of the A.C sold to the complainant vide Cash Memo dated 28.6.2002 (Ex.C.2) and make the A.C functional as per terms and conditions of the warranty.<br /> ( ii ) Pay Rs. 500/- to the complainant as compensation under section 14 (1)(d) of the Act.<br /> ( iii ) Compliance within 30 days from the date of receipt of copy of this order, failing which amount of compensation would carry interest @ 9% P.A till payment.<br /> 10. Copy of this order be sent to the parties free of cost. File be also consigned.<br /> <br /> Pronounced (Lakhbir Singh)<br /> 31.10.2007 President<br /> <br /> <br /> (Hira Lal Kumar)<br /> Member<br /> <br /> <br /> (Dr.Phulinder Preet)<br /> Member <br /> 'bsg'<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />