Chandigarh

DF-I

CC/342/2020

Gaurav Sharma - Complainant(s)

Versus

Onida MIRC Electronics Ltd. - Opp.Party(s)

In Person

16 Mar 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/342/2020
Date  of  Institution	:	02/09/2020
Date   of   Decision	:	16/03/2021

 

 

 

 

 

Gaurav Sharma S/o Sh. Kaushal Sharma, R/o H.No.806, Sector 41-A, U.T. Chandigarh.

……… Complainant

 

Versus

 

Onida MIRC Electronics Limited, Onida House, G-1, M.I.D.C, Mahakali Caves Road, Andheri (E), Mumbai – 400 093, through its Managing Director.

……. Opposite Party

 

BEFORE:   SMT.SURJEET KAUR             PRESIDING MEMBER

          SURESH KUMAR SARDANA         MEMBER

 

For Complainant	:	Complainant in person.
For Opposite Party	:	Ex-parte.

 

PER SURJEET KAUR, PRESIDING MEMBER

 

 

          Sh. Gaurav Sharma – Complainant has filed the instant Consumer Complaint against M/s Onida MIRC Electronics Limited (hereinafter called the Opposite Party), alleging that he bought one Split Air Conditioner bearing Model No. X14YJ16/ HSN84151010, manufactured by opposite party, through Flipkart e-commerce company on 08.05.2019 for a sum of Rs.22,999/- vide bill Annexure C-1. Soon after its purchase, in the month of June 2019, leakage of water was started from the indoor unit of the air conditioner and cooling was also not upto the mark. The Complainant immediately lodged a Complaint with the Opposite Party, but nobody came to resolve the problem and in this exercise 3-4 months elapsed, due to which paint of entire wall of the room was damaged, fungus froze all over the wall as well as almirah & double bed and the entire room began to stink. During the end of the summer season 2019, as well as on the onset of summer season 2020, complainant made numerous phone calls to the opposite party to get the air conditioner serviced, as the complainant has free maintenance service coupon of the said air conditioner. However, again nobody came for free maintenance service of the air conditioner. With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party.

 

2.      Notice of the complaint was sent to Opposite Party seeking its version of the case.

 

3.      Nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte.

 

4.      Complainant led evidence in support of his contentions.

 

5.      We have heard the Complainant in person and also perused the record with utmost care and circumspection.

 

6.      It is evident from Annexure C-1 that the Complainant purchased the air conditioner in question through Flipkart on 08.05.2019 for a sum of Rs.22,999/-. As per the case of the Complainant, the air conditioner was installed in the month of May 2019 and in the very next month i.e. June 2019, leakage of water started from the indoor unit of the air conditioner and cooling of the air conditioner was also not upto the mark and the same was informed by way of calling to the Customer Care phone number of the Opposite Party. The Opposite Party registered a Complaint, but the Service Engineer of the Opposite Party never came to the Complainant to resolve the problem and the leakage of the water continued and spoiled the entire wall of the room and resultantly, fungus froze all over the wall, almirah and furniture of the room.  

 

7.      Significantly, Opposite Party did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it. The non-appearance of the Opposite Party shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.

 

8.      Perusal of Annexure C-3, the e-mails sent by the Complainant and the reply by the Opposite Party, shows that it is clearly admitted by the Opposite Party that inconvenience was caused to the Complainant and it (Opposite Party) regretted for the same. Time and again, the Opposite Party responded to the Complainant that its Service Team will get in touch with the Complainant very shortly, but nobody came to redress the grievance of the Complainant. If a consumer buys a certain article trusting the brand and the quality of the product, then it is the foremost duty of the Manufacturer/ Seller/ Retailer to provide proper after sale service. The sequence of above leads to irresistible conclusion that Opposite Party failed to provided after sale service to the Complainant, which to our mind amounts to deficiency in service and unfair trade practice on its part.

 

9.      In these set of circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have redressed the grievance of the Complainant forthwith, which it miserably failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant. Thus, we have no other alternative, but to allow the present complaint against the Opposite Party.

 

10.      For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed. The Opposite Party is directed:-

[a]  To refund Rs.22,999/- being the invoice price of the air conditioner along with interest @7% p.a. from the date of its purchase, till realization;

[b]  To pay to the complainant Rs.5,000/- as compensation for mental agony and harassment;

[c]  To pay to the complainant Rs.5,000/- as costs of litigation.

11.      The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, Opposite Party shall be liable for an interest @9% per annum on the amount mentioned in sub-para [a] above from the date of purchase, till it is paid. The compensation amount as per sub-para [b] above shall carry interest @9% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c].
12.      The Complainant shall return the defective air conditioner in question, to the Opposite Party, after the compliance of the order.
13.      Certified copy of this Order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

16^th March,2021                                                            

Sd/-

(SURJEET KAUR)

       PRESIDING MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

       MEMBER

 “Dutt”