Naveen N.Shet,

S/o B.Nagesh Shet,

Prop: “M/s Naveen Jewels”

No.442, Bhatji’s Complex,

Near Old Bus Stand,

Kundapura, Udupi District.



………..Complainant

Versus



1. M/s Samsung India Electronis Pvt. Ltd.,

6th Floor, IFCI Tower,

Nehru Place,

New Delhi – 110 019.



2. M/s Oasis Air Conditioners Sales and Service,

149-C/IX, Bobbaryana Katte,

N.H.17, Vaderhobli,

Kundpaura – 576 201,

Udupi District.



…………..Opposite Parties



1. The Complainant has filed this complaint against the Opposite Parties No.1 and 2 alleging deficiency in service due to failure to return the compressor unit of A.C. amounts to deficiency in service as contemplated under Section 2(1)(g) of the C.P. Act and prayed for direction to the Opposite Parties to replace the 2 tone AC or to refund a sum of Rs.29,490/-, Rs.1,00,000/- as compensation for mental agony/stress and untold sufferings undergone by the Complainant. Rs.50,000/- for approximate business loss incurred by the Complainant on account of non availability of AC for his Jewellery Show room plus cost of litigation incurred till date and to be incurred, etc.

Contd…….2

2. The case of the Complainant is that on 12.01.2008 he purchased one 2 Ton Samsung Split A.C. Model name – A524WAXXTL Product T from Opposite Party No.2, who is the dealer of Opposite Party No.1 for which Opposite Party No.2 issued its Receipt No.143 dated 12.01.2008 for Rs.29,490/-. The said A.C. is covered by warranty period of 12 months, whereas for the compressor of the A.C. the warranty period is extended upto 60 months. within 6 months of the purchase of said A.C.

it was found to be not working and as such, it was given to Opposite Party No.2 for repair and after repair of the said A.C. within 10 days the said A.C. stopped working once again and Opposite Party No.2 had taken delivery of the compressor unit of the A.C. from the Complainant during the month of July 2008 and assured him that the A.C. would be set right shortly. However to utter shock and surprise of the Complainant, Opposite Party No.2 has so far not returned the compressor unit of A.C. to him duly repaired in spite of his repeated requests/personal contacts.



3. Complainant wrote a letter dated 29.11.2008 addressed to Opposite Party No.1, endorsing the copy of the same to Opposite Party No.2, etc requesting to set right the A.C. and for which so far there has been no response from the Opposite Parties to the said letter. Besides this, the Complainant met Opposite Party No.2 recently in person, requesting once again to expedite the repair of the compressor unit of the A.C. set, for which instead of addressing the genuine grievance of the Complainant, he was told to the report the matter directly to Opposite Party No.1 or he would be at liberty to initiate legal proceedings if he so desires.

Aggrieved by the non co-operative attitude on the part of the Opposite Parties, the Complainant got issued legal notice dated 14.01.2009 calling upon to replace the 2 Ton A.C. by a new one to the Complainant or to refund a sum of Rs.29,490/- being the cost of the A.C. alongwith compensation of Rs.1,00,000/- for the mental stress/tension undergone by him including the business loss to the tune of Rs.50,000/- with interest at 18% p.a. on Rs.29,490/- from 31.07.2008 onwards, etc. The Opposite Parties have so far not sent their reply notice in response to the legal notice dated 14.01.2009 got issued by the Complainant and the non response to the legal notice dated 14.01.2009 by the said Opposite Parties, amounts to acquiescence of the contents of the legal notice. Hence this complaint.

Contd……..3

4. After service of notices of the complaint to Opposite Parties, Opposite Party No.1 appeared through their counsel and paid a sum of Rs.29,490/- to the Complainant and Complainant filed a memo dated 9.4.2009 stating that he has no claim against Opposite Party No.1 and may kindly be treated as closed, whereas the claim of the Complainant against Opposite Party No.2 is to continue and prayed to direct the Opposite Party No.2 to surrender the subject A.C. to Opposite Party No.1.



5. Opposite Party No.2 appeared through their counsel and filed the vakalath but thereafter without filing version remained absent.



6. Complainant filed 7 documents which are marked as Ex.C-1 to Ex.C-7. Opposite Parties have not filed any documents. Complainant filed affidavit swearing to the facts stated in the complaint. Heard the Complainant.



7. Now the points that arise for our consideration are as follows:

1) Whether the Opposite Party No.2 has committed deficiency in service.

2) Whether the Complainant is entitled for the reliefs claimed in the compliant.

3) What Order?



Point No.1 to 3:

8. We have perused the entire records produced by the parties. The main relief of the Complainant is to replace the 2 tone AC or to refund a sum of Rs.29,490/-. Opposite Party No.1 by paying the said amount of Rs.29,490/- to the Complainant has fulfilled the main relief of the Complainant and further claims against Opposite Party No.1 is closed. Now the question arise, whether the Opposite Party No.2 has committed deficiency in service and liable to pay any reliefs prayed by the Complainant.



9. The Opposite Party No.1 is the manufacturer and the Opposite Party No.2 is only the dealer. The Opposite Party No.2 is not responsible for any defects in the manufacture of the A.C. as stated in para 4 of the complaint. When the A.C. was found not working, same was given to Opposite Party No.2 for repair, Opposite Party No.2 repaired the same. But after repair within 10 days it was

Contd……..4

again stopped, then also Opposite Party No.2 taken delivery of the compressor unit of the A.C. for repair. Opposite Party No.2 has attended for repair. The replacement of any has to be made by the Opposite Party No.1. There are no materials on record to show that complainant has incurred business loss of Rs.50,000/- and mental agony/stress to the tune of Rs.1,00,000/- for the manufacturing defects the liability cannot be shouldered to the dealer. Hence, in the circumstances of the case, we direct the parties to bear their cost and in the result we pass the following:

ORDER

The complaint is dismissed. In the circumstances, parties to bear their own costs.