Chandigarh

DF-II

CC/675/2022

NAVNEET PANDEY - Complainant(s)

Versus

GUPTA ELECTRIC CO. - Opp.Party(s)

MUNISH KUMAR

19 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	675/2022
Date of Institution	:	16.09.2022
Date of Decision	:	19.06.2023

 

                                       

                                               

Navneet Pandey s/o Sh.Narsingh Narayan aged 29 years presently r/o Flat No.208-D, Joy Homes, Waves Estate, Sector 85, SAS Nagar, Mohali.

        ...  Complainant.

Versus

1.      Gupta Electric Co, SCO No.117, Sector 22-B, through its Prop/Partner/Authorized Signatory.

2.      Carrier Media India Pvt. Ltd., having its Corporate Office at Plot No.51, Pearl Tower, Institutional Area, Sector 32, Gurugram, Haryana through its Authorized Signatory/Customer Care Incharge.

…. Opposite Parties.

BEFORE:  

SMT.SURJEET KAUR, PRESIDING MEMBER

SHRI B.M.SHARMA, MEMBER

 

Argued by:-

       

                Sh.Munish Kumar, Adv. for complainant

                OPs exparte.

 

PER SURJEET KAUR, PRESIDING MEMBER

1.         Brief facts of the case are as alleged by the complainant are that he purchased two ACs make Carrier of 2 TN Model Emperia NXI and 1.5 TM Model Emperia along with accessories and Geyser vide Invoice dated 21.11.2021 for Rs.1,00,500/- having warranty of 1+5 years. In the month of April, 2022, one of the ACs having capacity of 2TN started giving cooling problem and as such he made complaint to OP No.1 and the Customer Care of OP No.2. The Technician/Engineer of the OPs rectified the defect in the AC and assured that the same will function smoothly.  The AC was still not giving proper cooling.  The complainant again made the complaint to OP No.2.  Now, the Technician replaced the coil of evaporator and compressor and assured that the AC will function properly.  However, the AC was still giving the same problem and the OPs have failed to rectify the same, therefore, the complainant wrote an email dated 13.06.2022 to OP No.2 to refund the price of the AC, which was followed by reminder dated 17.07.2022 to the OPs but to no effect.  It has been alleged that the complainant and his family have suffered a lot of mental tension and agony due to the defective AC. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to refund the price of the defective AC along with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.         Despite due service through speed post, the OPs failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 02.01.2023.
3.         The Complainant led evidence by way of his affidavit and documents.
4.         We have heard the learned counsel for the complainant and gone through the record.
5.         In his exparte evidence, the complainant has tendered his duly sworn affidavit along with the supporting documents.  From the perusal of the invoice dated 21.11.2021 (Annexure C-1), it is proved that the complainant had purchased the AC in question from OP No.1 for Rs.44,980/- having 1+5 years warranty. The complainant has alleged that the AC in question started giving problem of cooling in the month of April, 2022 and the OPs have failed to set right the defect in the AC despite carrying out the repairs.  In this regard, he has also placed on record the copies of the e-mails exchanged with the OPs.
6.         Despite receipt of the e-mails within the warranty period, the OPs did not bother to get resolved the issue in the AC which certainly amounts to deficiency in service on their part.  Thus, it is evident that the AC in question started giving problem of cooling within the warranty period and the OPs have failed to rectify the same despite receipt of the complaints. Needless to mention here that the complainant had already given a long hand to the OPs to redress his grievance but despite this, the AC is giving the same problems despite its repairs and ultimately he has to file the instant complaint for redressal of his grievance. The complainant had spent a huge sum of Rs.44,900/- on purchase of the brand new AC in question having faith in the brand to facilitate himself and not for moving behind the OPs and then to this Commission for seeking justice in the absence of the proper services being rendered by them. We, thus, deem it fit in the facts and circumstances of the case that no useful purpose would be served by directing the OPs again to replace the product in question as the consumer had lost faith in that company’s product. If the replaced product develops the defect again then the complainant will be put to much larger harassment because he has to fight another bond of litigation which will be highly torturous for him.        
7.          In order to rebut the allegations of the complainant, it was imperative for the OPs to file its written reply along with some cogent evidence. However, what to talk of rebutting the allegations, the OPs did not put in appearance before this Commission and chose to be proceeded against ex-parte. This act of the OPs draws an adverse inference against them and proves that they have nothing to say in their defence qua the allegations made by the complainant. Hence, in the absence of anything to the contrary, the allegations of the complainant go unrebutted and uncontroverted. Hence, the OPs are proved to have indulged in deficiency in service as they failed to provide the promised services.
8.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The OPs are directed as under;-

1. To refund Rs.44,900/- being the invoice value of the AC in question to the complainant.
2. To pay Rs.7,500/- to the complainant as compensation for mental agony and physical harassment suffered by them.
3. To pay Rs.5,500/- as costs of litigation.

                This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(i) and (ii) shall also carry interest @9 % per annum from the date of this order till actual payment besides compliance of other directions. The OPs shall collect the AC in question along with its accessories etc. from the complainant after payment of the awarded amount.

9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 19/06/2023
	Sd/- (SURJEET KAUR) PRESIDING MEMBER
	Sd/-  (B.M.SHARMA) MEMBER