BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 19/11/2012

Date of Order : 31/12/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 720/2012

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :-

The complainant approached the opposite party on 02-06-2012 to get his complaints of air conditioner rectified. After a month, a technician came and checked the unit and informed that some spares are to be replaced, which are not readily available. But the technician never turned up later. Again on 24-08-2012, the complainant registered a second complaint, but to no avail. The machine was covered under AMC (Home Care Plan) from the date of installation of the same. Due to the inaction on the part of the opposite party, the complainant had to suffer lot of inconveniences, hardships and mental agony. Thus, the complainant is before us seeking direction against the opposite party to forthwith rectify the defects of the air conditioner unit and to pay a compensation of Rs. 1 lakh. This complaint hence.

2. Despite service of notice from this Forum, the opposite party opted not to contest the matter for reasons of their own. No oral evidence was adduced by the complainant. Exts. A1 to A6 were marked on his side. Heard the complainant who appeared in person.

3. The points that came up for consideration are as follows :-

1. Whether the complainant is entitled to get the defects of the air conditioner rectified?

2. Whether the opposite party is liable to pay a compensation of Rs. 1 lakh to the complainant?

4. Point Nos. i. & ii. :- As per Ext. A1 application form-cum-receipt, the complainant availed two years annual maintenance contract (AMC) for the period from 15-07-2010 to 14-07-2012. During the currency of the AMC, when the machine failed the complainant had to issue as many as 5 complaints evident from Exts. A2 to A6 to get the machine repaired. However, the opposite party the authorised service centre of the manufacturer did not even care sent a word in reply which has made the complainant a laughing stock in his social surroundings for having not had the precautionary wisdom in choosing a reliable company which calls for compensation. The amount of compensation claimed is pretty tall especially since, the complainant has not even cared to mention the price of the goods he had purchased at. However, his plea for the same and the mental agony he had to suffer is taken into consideration. We fix the compensation at Rs. 5,000/- for both together. The above conduct of the opposite party amounts to deficiency in their service.

5. In the result, we partly allow the complaint and direct as follows :-

1. The opposite party shall rectify the defects of the air conditioner of the complainant and install the same to the satisfaction of the complainant in working condition.

2. The opposite party shall also pay Rs. 5,000/- (Rupees five thousand only) to the complainant towards compensation for the mental agony and inconveniences caused to him due to the deficiency in service on the part of the opposite party.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the above amount shall carry interest @ 12% p.a. till realisation.

Pronounced in the open Forum on this the 31^st day of December 2012.

Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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