Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 504
Instituted on : 11.09.2023
Decided on : 28.10.2024
Suraj Singh s/o Sh. Dharambir Singh, R/o Badi Copal, VPO Maina, Rohtak 124001.
.......................Complainant.
Vs.
- Whirlpool of India Limited, Registered Office: Plot No.A-4, MIDC, Ranjangaon, Taluka Shirur, Distt. Pune-412220, Maharashtra, Corporate Office: Plot No.40, Sector 44, Gurgaon 122002, Haryana.
- Star Cooling Services(Whirlpool Authorised Service Partner) Saini School Road, Chunni Pura, Kirpal Nagar, Rohtak-124001, Haryana.
.......……….Opposite parties.
COMPLAINT UNDER CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh.Anand Kumar, Advocate for the complainant.
Opposite party No. 1 &2 already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case, as per the complainant are that he had purchased new AC ‘Whirlpool 4 in 1 Convertible cooling 1 Ton 5 star Split Inverter AC-White” for Rs.33090/-vide Tax Invoice No.FADZYH2300019823 dated 28.04.2022 online from Flipkart. After the first summer season, the product was packed for its safety and in the second summer season when it was started, the product did not start well/provide cooling. The complainant made repeated calls on toll free number of the company on dated 21.07.2023, 23.07.2023 and 25.07.2023 but the opposite party did not take any action. After complaining many times, finally a mechanic named Sudhir came to the residence of complainant and after checking the product, he told that the A.C. was needed to be taken to the service centre due to gas refill. Complainant allowed them to pick up the product. After two days, complainant received a call from the mechanic that the evaporator coil of the above said product was defective, which has to be replaced and the cost of which was Rs.9000/- approx.. Complainant protested the same but due to hot season, complainant asked the mechanic to change the evaporator coil and the complainant received a tax invoice retail bill of Rs.14996/- from the opposite party no.2. It is further submitted that due to inherent manufacturing defect in the coil of AC, complainant has suffered inconvenience and there is manufacturing defect in the AC and it deserves replacement. Hence, this complaint and it has been prayed that opposite parties may kindly be directed to replace the defective AC or to refund the price of AC Rs.33090/- alongwith interest, to refund the amount of Rs.14996/- paid by the complainant, to pay Rs.12500/- on account of mental agony & harassment and Rs.1000/- towards cost of petition alongwith Advocate fee of Rs.5500/- to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party no.1 in its reply has submitted that the cooling coil was damaged due to some internal leakage at the complainant’s place. The machine was out of warranty by that time so repair and service were on chargeable basis and the amount of Rs.14996/- has been rightly charged from the complainant. The Air conditioner comes with one year comprehensive warranty and rest of the years on compressor only depending on model of the machine. The complainant has not even filed any documentary evidence or report of an expert from an authorized laboratory in his support for his allegation in the complaint. In the absence of the authentic report, the allegation of the complainant is baseless and liable to be dismissed. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
3. Notice issued to opposite party No.2 received back duly served but none appeared on behalf of opposite party No.2 and as opposite party was proceeded against exparte vide order dated 10.01.2024 of this Commission
4. Ld. Counsel for the complainant in his evidence hastendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C9 and closed his evidence on dated 28.05.2024. Opposite party No.1 did not file any evidence and was proceeded against exparte vide order dated 23.07.2024 of this Commission due to non appearance.
5. We have heard ld. Counsel for the complainantand have gone through the material aspects of the case very carefully.
6. In the present case as per the complainant, he purchased the A.C on 28.04.2022 and made complaints with respondent regarding defect in the alleged A.C. on 21.07.2023, 23.07.2023 &25.07.2023. To prove the same he has placed on record copy of bill Ex.C3 and copies of messages Ex.C4 to Ex.C6. Thereafter, the service centre of the respondent no.2 repaired the AC of the complainant on 28.07.2023 on chargeable basis and charged an amount of Rs.14996/- i.e. Rs.8950/- on account of evaporator coil, Rs.2500/- for gas charges and Rs.500/- as service charges plus GST. As per the complainant, he purchased the AC in the end of April 2022 and the AC simply worked for only 2-3 months and thereafter the same was packed for its safety and was reopened in the month of July 2023 for further use but it did not give proper cooling. It is further contended that only after a use of 2-3 months, a newly installed AC cannot give any problemunless it has manufacturing defect. We have minutely perused the documents placed on record by the complainant. As per our opinion, coil of the AC cannot be got defective within a short span of time i.e. within one year. Hence there is some manufacturing defect in the alleged part of AC and opposite party No.1 being the manufacturer is liable to refund the repair charges to the complainant.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 to pay the amount of Rs.14996/-(Rupees fourteen thousand nine hundred and ninety six only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 11.09.2023 till its realisation and also to pay a sum of Rs.6000/-(Rupees six thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complaint. Order shall be complied within one month from the date of decision.
8. Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.
9. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
28.10.2024.
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Nagender Singh Kadian, President
………………………………..
TriptiPannu, Member.
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Vijender Singh, Member
