V. K. DABAS, MEMBER

   The case of the complainant is that he had hired an Air 

Conditioner from zero degree (OP company) which was installed at 

his residence by the OP on 22.5.2015 on payment of a sum of  Rs. 

10,000/- (Rs 6,500/- charges + Rs 3500/- security) for the 

period 22-5-2015 to 30-11-2015 vide contract no. 5323.  It is 

alleged by the complainant that just after an hour of its use, 

the machine stopped working after producing harsh sounds.  It is 

also alleged by the complainant inspite of repeated requests, 

the OP postponed to replace the machine on one pretext or the 

other for five days and finally replaced it on 25-5-2015 and 

promised since that this machine is a tested one it  will not 

give any problem but on the same night this machine also stopped 

working with a worse sound. It is alleged by the complainant 

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that he reported the matter/ complaint to the OP several times 

by way of telephone calls , messages and even mail them on 

30.5.2013 but to no avail. It is also alleged by the complainant 

that the OP is deficient in rendering services to the 

complainant as he has not complied with clause 10 & 11 of terms 

and conditions of the agreement. Hence, the complaint. 

The op failed to appear despite service of notice and was 

ordered to be  proceeded with ex-parte. 

In the evidence, the complainant has filed his own 

affidavit along with photocopy of agreement with zero degree 

(OP), copy of the e-mail sent to OP. Photocopy of notice to the 

OP , proof of service of notice to the OP and photographs of the 

Air Conditioner installed have also been placed on record. In 

the  affidavit, the complainant has reiterated the contents of 

the complaint. The affidavit filed by the complainant has 

remained unrebutted. 

We have heard arguments and have perused the record.

  Clause 10 & 11 of the agreement with OP are relevant in 

deciding this complaint and are reproduced as under:

10.The lessor is responsible for good smooth 

working of machine and to attend the 

complaints promptly.

11. in case of the major trouble the machine 

shall be replaced same day by the lessor.

 In the case of United India Insurance Co. Ltd. vs. Harchand Rai Chandan Lal 

(2005 ACJ 570), the Hon’ble Supreme Court has held that the terms and 

conditions of the contract have to be strictly construed and no variation can be 

made there from.

    In view of the judgment cited above by us and in view of the facts and circumstances 

of the case  we are of the considered opinion that the OP was deficient in rendering 

services to the complainant. We accordingly direct the OP as under:-

1. Pay to the complainant  a sum of Rs 10,000/- (Rs 6500/- charges + Rs 3500 ) 

as refund of the amount deposited by him at the time of taking the contract .

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2. Pay to the complainant a sum of Rs. 5,000/- as compensation for pain and 

agony which also includes the cost of litigation

              The OP shall pay this amount within a period of 30 

days from the date of this order failing which they shall 

be liable to pay interest on the entire awarded amount @ 

10% per annum.  IF the OP fails to comply with this order, 

the complainant may approach this Forum for execution of 

the order under Section 25/27 of the Consumer Protection 

Act. 

Copy of the order be made available to the parties as 

per rule.  

    File be consigned to record room. 

Announced in open sitting of the Forum 

on.....................