By Smt. PREETHI SIVARAMAN.C, MEMBER

1.Case of the complainant:-

           Complainant is running a Petrol Pump for the livelihood of his family.  Opposite parties in their advertisement stated that the Air conditioner manufactured by opposite party No.2 is having good quality and many facilities with attractive price.  Complainant approached  opposite party No.1  and  they offered an Impex inverter , Air conditioner  having  one ton capacity  with  various facilities and specifications .  Believing the representations made by opposite party No.1.  Complainant purchased Air conditioner by paying Rs.24,000/-(Rupees Twenty four thousand only) on 09/03/2021.  The Air conditioner was  installed by the  service persons of opposite parties  at the office of the  complainant  at Valancheri.  While purchasing the above  air conditioner opposite party No.1  assured that  the above air conditioner  is manufactured by second opposite party and  having world class standard with astonishing features.  But in the warranty card they suppressed many informations. In the warranty card it was stated that compressor is having 10 years warranty.  More over opposite parties assured that they will replace the air conditioner if anything happened within one year after purchase. 

2.       After few days, while using the Air conditioner, it was seen that unusual sound is coming from the unit initially. When complainant informed this  to opposite party No.1 and the service person of opposite party No.2 checked the  unit and stated that  it is not unusual  and the humming sound is part of the unit.  More over  the cooling was bit slow and  it was seen that  unit is not functioning  as it should be and  on 28/06/2021  the air conditioner stopped functioning.

3.    Complainant contacted opposite parties  and complaint  was registered  and technician  came to the office  of complainant and checked the unit  and  he took some part of  from the unit and stated that  he will replace the same under warranty.  While the technician was working with the unit, there was spark and the electric supply was gone.  Then the fuse was replaced.  Thereafter nobody contacted the

complainant, then complainant contacted the first opposite party but there was no reply.   Complainant believed that unit supplied is having manufacturing defects. Now complainant is not having air conditioner which is essential for his office work.  Then complainant approached opposite party No.2, but he stated that he does not know anything.  Thereafter complainant approached opposite party No.1 and he orally informed that the board is not functioning and same is having some inherent defects.  Thereafter the 1^st opposite party promised the complainant to resolve the grievance, but nothing was done till date. It is the clear deficiency in service from the side of opposite parties.  Hence the 1^st and 2^nd opposite parties are jointly and severally liable for these illegal and deficient acts done by them.  Hence this complaint.

4.            The claim of the complainant is that, he is entitled to get Rs.24,000/-(Rupees Twenty four thousand only) as the cost of the  Air conditioner with 12% interest from 09/03/2021 and Rs.50,000/-(Rupees Fifty thousand only) as compensation for the mental agony and losses.

5.          On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties set exparte.

6.           In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 & A2. Ext.A1 is the Original Tax Invoice  given by opposite party No.1 to complainant dated 09/03/2021, Ext.A2 Series  are the warranty  details and complaint registration details. 

7.               The allegations against opposite parties are  proved by the unchallenged evidence of complainant. There is no contra evidence in this matter.   Moreover complainant produced  two  documents  which are very supportive to prove his case.  Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are  deficient in service.

1. The opposite parties are directed to refund Rs.24,000/-(Rupees Twenty four thousand only) to complainant as the cost of the Air conditioner.

2. The opposite parties are directed to pay compensation of Rs.10,000/-(Rupees Ten thousand only)to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
3. The opposite parties also directed to pay Rs. 5,000/-(Rupees Five thousand only)as cost of the proceedings.

          If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.

                     Dated this 17^th  day of January , 2022.