Date of filing: 9-5-2017 Date of order : 21-11-2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA, Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
Tuesday, 21st day of November, 2017
CONSUMER COMPLAINT No. 27 / 2017
G. Sreenivasa Reddy,
S/o Venkata Swamy, Aged about 64 years,
R/a D. No.45/234,
Balaji Nagar, Kadapa City. … Complainant.
Vs.
1)The Proprietor, Sri Siva Agencies,
3/103,(1), Christian Lane,
Behind N.T.R. Statue,
KADAPA-516 001.
2)The Branch Manager,
Whirlpool of India Ltd.,
156, 157 and 168, Dhulapalli Road,
Kompalli village, SECUNDERABAD.
3) The Managing Director,
Whirlpool of India Ltd.,
Flat No.6 and 7,
D.No.1-11-252/6 & 7/A and B,
Survey No.183,Ground Floor,
Goura Classic Behind Shoopper’s stop,
Begumpeta, HYDERABAD-500 016. ….. Opposite Parties.
This complaint coming for final hearing on 9-11-2017 in the presence of Sri K. Vijaya Krishna, Advocate, Kadapa for Complainant, Opposite party no.1 called and present as in-person and Opposite party no.2 called absent and set exparte on 17-10-2017 and Opposite party no.3 called absent and set exparte on 23-6-2017, and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1)The complaint filed on behalf of the complainant under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act). The complainant has purchased Whirlpool Five Star Split A/c for Rs.32,050/-, stabilizer cost of Rs.1000/- and installation charges Rs.1,000/- all together Rs.34,500/- from 1st opposite party on 20-3-2012. The 3rd opposite party was the manufacturer of the Air conditioner the Air conditioner machine provided with 5 years warranty i.e., 1) one year comprehensive warranty 2) four years additional warranty on compressor. After few days the A/c started giving frequent troubles there was no cooling. The complainant gave complaint to 1st opposite party who in turn informed to service person. The company technician came and found there was a compressor was repaired and replace the same with new one. After that also the machine work for some time properly.
2) After replacement of the compressor the machine giving troubles frequently especially summer. There was no cooling and there was huge electricity bills for the A/c. There was a problem in the compressor so they arising frequently troubles. The complainant gave a complaint through 1st respondent vide GR0217004226, Dt.15-2-2017 before expiry of the warranty period again the technician came and inspected the machine and confirmed that the compressor got repaired and did not replaced the same. There was proper response from the O.Ps. The complainant approached the 1st respondent several times for rectifying the problems of A/c but in vain. Again the complainant complaint on account of vide “GR 0417002829 Dt. 7-4-2017 2) GR0417006579 and 3) GR0417010766, Dt. 26-4-2017 but the company officials turn to blind eye. It seems that there was inherent manufacturing defect in the A/c. The purpose of purchasing the machine is frustrating causing mental agony, physical strain and financial loss. The complaint had issue a legal notice on 24-6-2017 to the O.Ps for refund of the A/c amount but there was no reply from the Opposite parties. It shows the deficiency of service on the part of the opposite parties. It shows the deficiency of service on the part of opposite parties. Hence, the complaint filed complaint before this Hon’ble Forum.
3) It is therefore prayed that this Forum pleased an order directing the O.Ps jointly and severally liable to a) replace the manufacturing defective Whirlpool Five star Split A/c with new one or the cost of A/c i.e., Rs.34,500/- with interest 24% p.a. from the date of purchase i.e., 20-3-2012 until realization.. b) To pay Rs.25,000/- towards compensation for causing deficiency of service c) To pay an amount of Rs.25,000/- towards compensation for causing mental agony and physical strain to the complainant d) To pay an amount of Rs.5,000/- towards costs of the complainant incurred by the complainant for instituting and prosecuting this complaint e) to grant such other further reliefs as the Hon’ble forum deems fit and appropriate in the circumstances of the case in the interest of justice.
4) Counter filed on behalf of the opposite party. The complaint filed by the complainant against the opposite party is not maintainable either in law or on facts of the case.
5)The complainant purchased Whirlpool Company Five Star Split A/c for Rs.32,050/-, Stabiliser Rs.1,000/- , installation charges Rs.1,000/- totaling Rs.34,500/- from the opposite party. The air conditioner was provided with warranty of 5 years i.e., one year comprehensive warranty and four years additional warranty on compressor from the date of purchase. After some days the complainant gave a complaint to this opposite party stating that the A/c is not working properly and there is no cooling and the same is intimated to the company. Later, the company technician came and tested the A/c found that the compressor was repaired and replaced the same with new one.
6) After few days the complainant gave a complaint to the Opposite party does not cooling properly and there is a defect in the A/c. On this O.P. had registered an online complaint with the company on 15-2-2017 much earlier to the expiry of warranty period. Being the dealer of the company 1st opposite party had responded promptly and timely service was given as such there is no deficiency of service on the part of the O.P. The issue regarding to manufacturing defect in the said Air conditioner is to be answered by the company which manufactured the Air conditioner and this opposite party is nothing to do the same.
7) It is therefore prayed that this Hon’ble Forum may be pleased to dismiss the complaint with costs in the interest of justice.
8) O.P. no. 2 called absent and set exparte on 17-10-2017.
9) O.P.no.3 remained set exparte on 23-6-2017.
10) Ex. A1 to Ex.A6 marked on behalf of the complainant.
Exhibits nil on behalf of the opposite parties.
Proof Affidavit filed by the PW1 on 1-11-2017 i.e., G. Srinivasa
Reddy.
From the above averments these points were taken for
consideration;
11) Point no.1:- Whether the complainant is eligible for
compensation as prayed by him or not ?
Points No.2:- Whether there is any deficiency of service or
negligence on the part of the respondents 1,2 & 3 ?
Point no.3:- To what relief ?
12) Point no.1 and 2:- It is very clear from the complaint, counter and documents on record that the complainant purchased Whirlpool five star split A/c for Rs.34,500/- from the opposite party no.1 on 20-3-2012, the same is confirmed under Ex. A1. Under Ex. A2 issued by the 3rd opposite party there is warranty to the A/c. As seen from the counter of first opposite party there is defect in the A/c, being the seller of the A/c the first opposite party should rectify the defects in the A/c. The first opposite party to rectify the defects in the A/c and it is bounded duty of the fist opposite party to exchange the A/c, when it is giving troubles frequently first opposite party is the seller and the complainant is the purchaser from him he will approach him only . It is bounded duty of the first opposite party to inform defect in the A/c to opposite party no.2 and 3 and replace the perfect in the place of defective A/c. he did not do so. So, it is very clear that there is deficiency of service on the part of respondents 1,2 & 3. Being the retired employee, the complainant went so many times and made requests before the opposite party no.1, but he did not do justice to the customer. So, the complainant is eligible for compensation as prayed by him.
13) Point no.3:- In the result, the complaint is allowed, directing the respondents 1,2, and 3 jointly and severally liable to pay Rs.34,500/- (Thirty four thousand five hundred only)cost of the Whirpool Five Star Split A/c with 9% p.a. interest from the date of filing the complaint, to pay Rs.10,000/- (Ten thousands only)for deficiency of service, to pay Rs.10,000/- (Ten thousands Only) towards mental agony and pay Rs.5,000/- (Five thousands only)towards costs of the complaint to the complainant within 45 days from the date of receipt of this order.
Dictated to the Typist, transcribed by him, corrected and pronounced by us in the open forum, this the 21st day of November, 2017
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
Witnesses examined for the Complainant:
Proof Affidavit filed by the P.W.1 G. Srinivasa Reddy on 1-11-2017.
Witnesses examined for the Opposite parties: NIL
Exhibits marked on behalf of the Complainant :-
Ex: A1:- P/c of Cash/credit bill dated 20-3-2012 issued by sri Siva
Agencies.
Ex: A2:- P/c of warrant term issued by 3rd opposite party.
Ex: A3:- P/c of office copy of legal notice, dt. 26-4-2017 issued by
the complainants counsel to the opposite parties no.1 to 3.
Ex: A4:- 3 postal receipts.
Ex: A5:- Return postal cover from the 2nd opposite party.
Exhibits marked on behalf of the Opposite parties: - Nil
MEMBER PRESIDENT
Copy to :-
2) The Proprietor, Sri Siva Agencies,
3/103,(1), Christane Lane,
Behind N.T.R. Statue, KADAPA-516 001.
3) The Branch Manager,Whirlpool of India Ltd.,
156, 157 and 168, Dhulapalli Road,
Kompalli village, SECUNDERABAD.
4) The Managing Director,Whirlpool of India Ltd.,
Flat No.6 and 7,D.No.1-11-252/6 & 7/A and B,
Survey No.183,Ground Floor,
Goura Classic Behind Shopper’s stop,
Begumpeta, HYDERABAD.500 016.
& & &
P.R.
