BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.335 of 2018
Date of Instt. 20.08.2018
Date of Decision: 07.08.2019
Kuldeep Singh S/o Sh. Joginder Singh R/o H. No.77, National Avenue, Rama Mandi, Jalandhar.
..........Complainant
Versus
1. Blue Star Limited, No.9, Bazullah Road, T. Nagar, Chennai-600017, India through its Managing Director/Authorized Representative.
2. Blue Star Limited, Shop No.10-B, Opp. Ajanta Electric, Sidhu Market, Phagwara Gate, Jalandhar through its Authorized Representative.
3. Kohli Digital Home, Shop No.13-14, Sanjay Gandhi Market, B.M.C. Chowk, Jalandhar through its Authorized Representative.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Bharat Bhushan Sekhri, Adv. Counsel for Complainant.
OPs No.1 to 3 exparte.
Order
Karnail Singh (President)
1. This complaint has been filed by the complainant Kuldeep Singh, wherein alleged that he purchased one Blue Star Split Air Conditioner 5HW18AATU, HSN/SAC No.84159000, vide Invoice No.T-299 dated 27.04.2018 for Rs.36,000/- from OP No.3, who is authorized dealer/deals in Blue Start Split AC manufactured by OP No.1 and the OP No.2 is service provider of the OP No.1. After the purchase of the said Split AC, the employees of the OPs installed the above said AC on 28.04.2018 in the house of the complainant. However, after few days from the installation, the said AC of the complainant started giving trouble and making noise and the air flow swings stopped working and the AC stopped cooling the room, then complainant make complaint on the toll free number of the OPs regarding the above said defects in the said AC on 28.05.2018, vide complaint ticket:B1805281613, on which one technician, namely Manjeet Singh visited the house of the complainant and checked the said AC and assured complainant that the main component will be replaced as soon as the same will be provided by the OP No.1. Thereafter, the complainant kept waiting for the time when the employees of the OP will replace the main component of the AC of the complainant, but nobody turn up to resolve the problem faced by the complainant in such circumstances complainant number of times contacted the OPs, but all in vain. The OPs by providing the defective split AC to the complainant has committed negligence and deficiency in service and accordingly, a legal notice was served to the OPs, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to replace the Blue Star Split AC and further, OPs be directed to pay compensation for harassment and mental agony, to the tune of Rs.50,000/- and be also directed to pay litigation expenses of Rs.11,000/-.
2. Notice of the complaint was given to the OPs, but despite service all the OPs did not bother to appear and ultimately, all the OPs were proceeded against exparte.
3. In order to prove his exparte claim, the complainant himself tendered into evidence his own affidavit Ex.CW1/A alongwith some documents Ex.C-1 to Ex.C-5 and closed the evidence.
4. We have heard the learned counsel for the complainant and also scanned the case file very minutely.
5. In nutshell, the case set up by the complainant is only that he purchased Blue Star Split Air Conditioner, vide Invoice dated 27.04.2018 and copy of the same is placed on the file Ex.C-5, but after few days of the date of purchasing, some problem was started in the said AC and accordingly, the complainant approached to the OPs on 28.05.2018 and his complaint was lodged, vide No.B1805281613 and where upon, one technician namely Manjeet Singh came to the house of the complainant and checked the said AC and stated to the complainant that main component of the AC got some defect and the same required to be replaced and further gave assurance to the complainant that the same will be replaced whenever it will be provided by the OP No.1, but thereafter, neither of the OPs ready to hear the grievances of the complainant nor they replaced the said component and the AC of the complainant did not work, whereby complainant got mental agony and harassment.
6. The allegation of the complainant is not rebutted by the OP, by appearing in the Forum, despite service which shows that there is some negligence and deficiency in service on the part of the OP because when the complainant approached to the OPs and lodged a complaint on 28.05.2018, where upon one mechanic of the OPs also visited the house of the complainant, but despite making a complaint, the OPs did not bother to resolve the grievances of the complainant and rather it established that there is some manufacturing defect in the said AC, which is not curable and due to that reason, the OPs did not come to the premises of the complainant for curing the said defect and as such, the complainant is entitled for the relief and accordingly, the complaint of the complainant is partly accepted and OPs are directed to replace the AC with the new one of the same model after getting back the old AC. If the same model is not available, then OPs will liable to refund the price of the AC i.e. Rs.36,000/- with interest @ 12% per annum from the date of purchase i.e. 27.04.2018, till its realization and further, OPs are directed to pay compensation for causing mental tension and harassment to the complainant, to the tune of Rs.7000/- as well as also directed to pay litigation expenses of Rs.3000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
07.08.2019 Member President
