IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
C.C.No. 413/2024
PRESENT
SMT. S.K.SREELA, B.A.L, LL.B, PRESIDENT
SRI. STANLY HAROLD, B.A.LL.B, MEMBER
ORDER DATED: 30.10.2024
BETWEEN
Jayakrishnan,
Pratheeksha, Pallikkal P.O.,
Kottarakkara, Kollam. : Complainant
AND
Expert Goods and Services,
KMC 46/322, First Floor,
V.T.Tower, Hospital Road,
Near District Hospital, Kollam 691001. : Opposite party
Email-info@egsindia.in
ORDER
Stanly Harold, B.A.LLB, Member
This complaint is filed U/s 35 of the Consumer Protection Act 2019.
The brief facts of the complaint are as follows:-
Complainant had availed service from the opposite party for the purpose of servicing his A/C. Following this the technicians of the opposite party visited the house of complainant and conducted detail service of A/C and made the complainant believe that the service of A/C done by them is in a perfect condition. The opposite party had received an amount Rs.1040/- as the service charge of the A/C. But on the same day at night, A/C showed complaint of ‘not cooling’. Thereafter realizing the fact, the complainant intimated this matter to the opposite party’s service centre. But there was no a proper response from the part of opposite party they behaved in an evasive manner responding that the technician is not at available in the service centre.
Thereafter on 10.07.2024, 2 technicians from the service centre of the opposite party came to the house of complainant and checked the A/C and told the complainant that the A/C is in shortage of gas, only 65 pounds is remaining and balance of the gas has to be refilled and for this refilling the opposite party had demanded an amount of Rs.3,500/- and told that for the complainant they would do it for Rs.3,000/-. for which the complainant was not amenable. Thereafter complainant had approached the Blue Star Service centre who is authorised Air Conditioner service centre. The complainant had to spend more amount which is due to the deficient service of opposite party resulting in mental agony and monitory loss. The complainant is entitled to compensation. Hence this complaint.
Notice was issued to the opposite party. But opposite party failed to appear before the Commission. Hence opposite party was set exparte. Complainant filed affidavit in lieu of chief examination and marked Ext.P1 to P3 documents. Exhibit P1 is the tax invoice from Expert Goods and Services dated 04.07.2024. Exhibit P2 is the receipt issued from East Police Station dated 11.07.2024. Exhibit P3 series is the field service report issued from Blue Star. Complainant who contested the case in person was present. Heard the complainant perused the documents. As the opposite party remained absent, their part was taken as heard.
According to the complainant, the air conditioner (A/C) was purchased to provide comfort for his elderly parents. On 04.07.2024, he contacted the opposite party for A/C servicing, for which he paid a fee of Rs. 1040/-. However, the complainant noticed that the A/C was still not cooling properly the same day. He promptly contacted the service center, but his calls went unattended. When he finally received a response, he was informed that the technician was on leave. On 10.07.2024, two technicians from the opposite party visited and diagnosed a gas insufficiency, quoting Rs. 3,500/- for refilling, which they offered to reduce to Rs. 3,000/-.
The complainant was dissatisfied, citing the technicians' lack of expertise. He then opted for the Blue Star Service, a reputed service provider, spending Rs. 4,350/- as evidenced by Exhibit P3. The complainant argues that an air conditioner is essential for the health and comfort of his elderly parents, particularly in hot weather to prevent heat-related illnesses. He feels that, due to the opposite party's negligence and failure to deliver proper service, his investment was effectively wasted. Therefore, he contends that the opposite party is liable for the deficiency in service, as they did not adequately repair the A/C after collecting a fee of Rs. 1040/-.
In light of the evidence, it is evident that the complainant has substantiated his claims effectively, indicating a clear deficiency in service by the opposite party.
In the result, the complaint is allowed. The opposite party is directed to pay to the complainant an amount of Rs. 1040/- for the initial service fee and Rs. 5,000/- for the Blue Star service charges, along with interest @ 12% per annum from the date of order until realisation. Additionally, the opposite party is directed to pay an amount of Rs. 1,000/- as compensation. The opposite party is directed to comply with the order within 45 days from the date of receipt of this order. Failing compliance, the complainant may initiate execution proceedings.
Dictated to the Confidential Assistant Smt.Minimol S.transcribed and typed by her corrected by me and pronounced in the Open Commission this the 30th day of October 2024.
Sd/-
STANLY HAROLD
MEMBER
Sd/-
S.K.SREELA
PRESIDENT
Forwarded/by Order
Senior superintendent
INDEX
Witness Examined for the complainant:-Nil
Document marked for the complainant:
Ext.P1 : Tax Invoice dated 04.07.2024
Ext.P2 : Receipt dated 11.07.2024
Ext.P3 : Service report
Witness Examined for the opposite parties:-Nil
Documents marked for opposite parties:-Nil
Sd/-
PRESIDENT