IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM

Dated, the 30^th day of July, 2024

Present:  Sri. Manulal V.S. President

  Smt. Bindhu R.  Member  

 Sri. K.M. Anto, Member

C C No. 284/2023 (Filed on 08.09.2023)

ORDER

Sri. K.M. Anto, Member

          The complaint is filed under Section 35 of the Consumer Protection Act 2019.  

The brief of the complainant’s case is as follows. The complainant had purchased an Air conditioner having 1 ton capacity from the first opposite party on 18.02.2023 for a consideration of ₹ 29,900/- (Rupees twenty nine thousand and nine hundred only). The first opposite party after examining the room of the complainant’s house suggested buying a one ton Air conditioner and accordingly the complainant purchased the one ton Air conditioner. The Air conditioner was purchased for the benefit of the complainant’s wife who is a cancer patient. After three months of installation of the AC, sufficient cooling was not getting from the Air conditioner. The matter was intimated to the opposite parties. The technicians from the second opposite party had done the repair works at several times. At last one manager of the second opposite party informed that the less cooling is because the capacity of the AC was not sufficient to cool the large extent of the room.

These difficulties were occurred due to the unfair trade practice and deficiency in service on the part of the opposite parties. This complaint is filed for getting a direction to the opposite parties to replace the Air conditioner with a new one or to refund the cost along with a compensation of ₹50,000/-(Rupees fifty thousand only) for the mental agony and suffering of the complainant and his wife  along with cost of ₹25,000/- (Rupees twenty five thousand only).

On admission of the complaint, copy of the complaint was served to the opposite parties. Even though notice was served to the first opposite party they neither cared to file their version or to appear before the commission to defend their case. The first opposite party was set exparte.

The second opposite party appeared and filed their version. The version of the opposite party is as follows. The Air conditioner purchased by the complainant is a well established product in the market. The complainant had purchased the product after being satisfied with its conditions and its performance. Though the first opposite party  had handed over the user manual cum warranty card along with the invoice to the complainant but the complainant willfully suppressed the warranty card with terms and conditions. The complainant had not produced any expert opinion to establish that the product is having manufacturing defect. The complainant had purchased the Air conditioner on 18.02.2023 after verifying the price, specification, durability, condition etc. The complainant had reported to the customer care that the cooling of the Air conditioner was reduced considerably. Immediately a technician of the second opposite party inspected the Air conditioner and nothing found defective in the said unit. The cooling function of the Air conditioner was checked with specialised tools and found that there is no reduction in the cooling. The Air conditioner purchased by the complainant is having a capacity of one ton. The room size where the Air conditioner was fixed is having capacity of 1.5 ton for the effective cooling. The allegation of the complainant that the opposite parties have recommended only 1 ton Air conditioner is false. There is no deficiency in service or unfair trade practice from the part of the second opposite party. The complainant is not entitled to get the reliefs as prayed for. The complaint may be dismissed with cost.

The complainant filed proof affidavit and marked documents Ext.A1 to A5. The second opposite party did not file proof affidavit or document.

On the basis of the complaint, version of the opposite party and evidence adduced we would like to consider the following points.

1. Whether there is deficiency in service or unfair trade practice on the part of the opposite party.
2. If so what are the reliefs and costs?

Points 1 and 2

On going through the complaint, version of the second opposite party and evidence on record it is clear that the complainant had purchased a one ton Air conditioner from the first opposite party on 18.02.2023 for a consideration of ₹ 29,900/-(Rupees twenty nine thousand only). Ext.A1 is the invoice issued by the first opposite party dated 17.02.2023 to the complainant for the purchase of one ton Air conditioner for an amount of ₹27,900/-(Rupees twenty seven only). Ext.A2 to A5 is with regard to the reporting of complaints of Air conditioner to the second opposite party in May, July and August 2023.The grievance of the complainant is that sufficient cooling was not getting from the Air conditioner after three months of its installation. Ext A2 to A5 clearly shows that the second opposite party had attended the reported complaints.

The complainant in chief affidavit had stated that the Air conditioner was examined by an expert AC mechanic and he had reported that the Air conditioner is having defects and as a result the Air conditioner will not function properly, but the complainant failed to adduce any evidence to establish this contention. Moreover the complainant failed to adduce any expert opinion to prove that the Air conditioner is having manufacturing defects.

On the basis of the available evidence we are of the view that the complainant failed to prove deficiency in service on the part of the opposite parties with cogent evidence. The complaint is liable to be dismissed. The complaint dismissed.

Pronounced in the Open Commission on this the 30^th day of July, 2024

   Sri.K.M.Anto, Member    Sd/-

  Manulal V.S, President    Sd/-

   Smt. Bindhu R.  Member  Sd/-  

APPENDIX :

Exhibits from the side of the Complainant :

A1     - Bill issued by Pittappillil Agencies dated 17.02.2023

A2     - Copy of the message screenshot dated 07.08.2023            

A3     -  Copy of the whatsapp chat screenshot dated 07.08.2023.

A4      -  Copy of the replay message screenshot dated 19.08.2023

A5     -  Copy of the whatsapp chat screenshot

Exhibits from the side of the Opposite Parties :

NIL

      By Order,

Sd/-

                                                                                              Assistant Registrar