Haryana

Panchkula

cc/256/2014

YOGESH BANSAL. - Complainant(s)

Versus

WHIRLPOOL OF INDIA. - Opp.Party(s)

COMPLAINANT IN PERSON.

28 Apr 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.

                                                                  

Consumer Complaint No	:	256 of 2014
Date of Institution	:	08.12.2014
Date of Decision	:	28.04.2015

                                                                                          

Sh.Yogesh Bansal son of Sh.Surinder Kumar Bansal, R/o House No.319, Mamta Enclave, Dhakoli (Zirakpur).

                                                                                        ….Complainant

Versus

 

1. Whirpool of India Ltd., Whirlpool House Plot No.40, Sector-44, Gurgaon through its MD.
2. Next Retail Shop, SCO-355, Sector-9, Panchkula through its Manager/Partner/Sole Prop.
3. Whirlpool Service Centre, Booth No.2933, Sector-27, Chandigarh through its Manager.                          

         ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Coram:                 Mr.Dharam Pal, President.

              Mrs. Anita Kapoor, Member.

 

For the Parties:     Complainant in person. 

                             Mr.Alok Batra, Adv., for the Ops No.1 and 3.

Op No.2 already ex-parte.                         

 

ORDER

(Anita Kapoor, Member)

 

1. The complainant-Yogesh Bansal has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the Ops with the averments that he purchased a new Whirlpool Split AC, product No.14000025788 for an amount of Rs.34,500/- vide bill dated 25.05.2014 (Annexure C-1) from the Op No.2. From the very first day of installation, the AC was not giving cooling. The complainant intimated the Op No.2 that the AC has not giving any cooling effect. The OP No.2 told the complainant that due to summer season, it would take some time but there was no cooling. The complainant again informed the official of Op No.2 and they replied that it would give cooling effect after some days of running and they would also send the executive for the purpose but almost 10-12 days have been passed but no positive result was executed by them. After so many discussions with the officials of OP No.2 and Whirlpool, they were bent upon only refill the AC with gas which was not acceptable by the complainant. The complainant requested the Ops to change and replace the AC without going into details of manufacturers or retailers but they have not taken any interest and any type of action. Even after many requests and demands, the Ops have not turned up to replace the AC or to refund the purchase amount. This act and conduct of the Ops amounts to deficiency in service on their part. Hence, this complaint.
2. The Ops No.1 and 3 appeared before this Forum and filed written statement and submitted that the complainant has not agreed the terms of warranty to which he had given consent at the time of purchase of Split AC. It is submitted that the complaint of the complainant was properly attended by the engineers of authorized service station but the complainant did not get the AC rectified. It is submitted that the Split AC was never installed by any authorized service engineer of Ops No.1 & 3. It is submitted that the complainant got it installed from the third party and during the installation gas of the Split AC leaked causing in lack of cooling. It is submitted that the service engineers visited the premises of complainant to get the Split AC rectified but the complainant himself refused to get it done. It is submitted that the AC of the complainant has been checked by the Service Engineer on 09.06.2014, 09.08.2014, 25.08.2014, 29.08.2014 and 03.09.2014 vide complaints No.CH0614003746, CH0814001363, CH0814009519, CH0814009519, CH0814011605 and CH0914000683 and every time, the complainant was told that gas was less, it has to be filled to make it better in cooling but the complainant has never given his consent to get it done. It is submitted that the AC was perfect and there was lacking of gas which was due to negligence in installing the Split AC from third party. Thus, there is no deficiency in service and untrade practice on the part of Ops No.1 & 3 and prayed for dismissal of the complaint with costs.
3. Notice was issued to OP No.2 through registered post but none has appeared on behalf of the Op No.2. It is deemed to be served and the Op No.2 was proceeded against ex-parte vide order dated 26.02.2015.
4. In order to prove his case, the authorized representative for the complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-4 and closed the evidence. Counsel for the Ops No.1 and 3 has tendered the evidence by way of affidavit Annexure R-A and closed the evidence.
5. We have heard the authorized representative for the complainant and counsel for the Ops No.1 & 3 and have gone through the case file carefully and minutely.
6. It is admitted that the complainant purchased a Whirlpool Split AC, product No.14000025788 for an amount of Rs.34,500/- vide bill dated 25.05.2014 (Annexure C-1) from the Op No.2. The complainant submitted that after installation, the AC was not giving cooling and the complainant informed the Op No.2 in this regard. The OP No.2 told that due to summer season, it would take some time but there was no cooling. The complainant again informed the official of Op No.2 who replied that it would give cooling effect after some days of running and they would also send the executive for checking the AC but after passing 10-12 days, no one visited the premises of the complainant. After many requests made by the complainant to the Ops, they were agreed to refill the AC with gas but the complainant was not agreed with the same. The complainant also requested vide mail dated 12.09.2014 (Annexure C-3) to Op No.1 about the defective Split AC. Thereafter, the complainant requested the Ops to change and replace the AC but to no avail. Even after many requests and demands, the Ops have not turned up to replace the AC or to refund the purchase amount.
7. On the other hand, counsel for the Ops No.1 and 3 contended that complaint of the complainant was properly attended by the engineers of authorized service station but the complainant did not get the AC rectified. He further submitted that the Split AC was not installed by the authorized service engineer of Ops No.1 & 3 and the same was installed from the third party. During the installation, the gas of the Split AC leaked which causing in lack of cooling. The learned counsel for the Ops No.1 and 3 submitted that the AC of the complainant was checked by the Service Engineer on 09.06.2014, 09.08.2014, 25.08.2014, 29.08.2014 and 03.09.2014 vide complaints No.CH0614003746, CH0814001363, CH0814009519, CH0814009519, CH0814011605 & CH0914000683 and every time, the complainant was told that gas was less, it has to be filled to make it better in cooling but the complainant has never given his consent to get it done.
8. We have heard the parties and perused the record.
9. In the context of the grievance of the complainant qua the non-cooling functioning of the Air Conditioner, the contesting Ops have made a precise plea that the rectification of the grievance/complaint would have come about with the re-filling of gas, to which the complainant was not agreeable and he insisted upon the replacement of the product (“The AC is perfect only thing which is lacking is gas and that also due to the negligence in installing the Split A.C. from third party”).
10. The complainant, in his own discretion, has not opted to controvert those averments by filing a rejoinder. On point of fact, we may notice that the offer made by the Engineers of contesting Ops to re-fill the gas was admitted by none else or other than the complainant himself by averring that (“they are bent upon only refill the AC with gas which is not acceptable in case of Brand New AC purchased”).
11. For the reasons not acceptable at law, the complainant is proved to have declined to get the gas re-filling done. He, in all fairness, ought to have allowed the Engineers of contesting Ops to re-fill the gas and watch its functioning. If the cooling level did not improve considerably even thereafter, the complainant could validly make a grievance of deficiency in service. Instead thereof, he insisted upon a replacement without any adequate justification therefor.
12. For the reasons recorded above, the present complaint is partly allowed and the Ops are directed to repair & refill the gas in AC to the entire satisfaction of the complainant. A team of officials of contesting Ops shall certify the cooling level of the AC thereafter, document it and hand it over to the complainant. If there is no considerable improvement in the cooling effect, it will be open to the complainant to take recourse to whatever remedy may be available to him on the judicial side.
13. Let the order be complied with within 15 days from the receipt of the certified copy of this order because the summers have already been set in. A copy of this order be sent to the parties free of costs and file be consigned to record room after due compliance.

 

 

Announced

28.04.2015            ANITA KAPOOR                           DHARAM PAL

                              MEMBER                              PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.  

 

                                            

                                                          ANITA KAPOOR                                                                                                MEMBER