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Failing to repair defective AC costs Voltas ₹15,000

Company also told to pay 15k as charges for mental harassment and litigation expenses to complainant

Published on: Nov 16, 2019, 22:56:37 IST
Hindustan Times, Chandigarh | By , Ludhiana
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The district consumer disputes redressal forum has directed air conditioner (AC) manufacturer and dealer Voltas Limited to either repair or replace the AC purchased by a Dashmesh Nagar resident.

HT Image
HT Image

Besides, they have also been directed to pay a compensation of 15,000 (including 8,000 for mental agony and harassment and 7,000 as litigation expenses).

THE COMPLAINT

Varinder Kumar of Dashmesh Nagar had moved the court against Voltas Limited, a company specialising in air conditioning and cooling technology and Model Town-based Mehtab Motors and Trading Company, complaining about the defective AC.

In his complaint, Varinder wrote that he had purchased one split inverter air conditioner of Voltas on April 30, 2018, at a price of 36,000. Since the day of its installation, the AC did not give adequate cooling and also made a lot noise while in a working condition.

Varinder claimed that even after repeated complaints, the company failed to repair the AC.

The forum issued an ex-parte order in the case as both the manufacturer and the dealer did not appear in the court.

FORUM OBSERVATION

“The contents of the affidavit and the invoice establish that the AC was purchased by the complainant by paying a price of 36,000 with a comprehensive warranty of 1+4 (5) years. The AC was purchased by the complainant for comfort but he had to bear harassment on account of non-removal of defects, despite a number of complaints. As such, the complainant is entitled to compensation for mental harassment and agony and also to litigation expenses,” the forum observed.

The forum added, “However, warranty terms and conditions do not provide for a refund of the price, but a five-year comprehensive warranty covers all functional parts of the product, including gas charging and labour .”

“In view of this, it is a fit and appropriate to direct the opposite party to remove all defects in the AC of the complainant free of costs within 30 days from the date of receipt of a copy of the order or, in the alternative, to replace the defective AC with a new one of the same model and worth within 40 days from the date of receipt of a copy of the order,” the court observed.

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