Firm penalised for refusing to refund cost of defective AC

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, February 13

The District Consumer Disputes Redressal Commission Chandigarh has directed a city-based dealer and a company to refund Rs37, 500, the price of the defective air conditioner (AC), along with Rs17 ,000 as compensation and litigation cost to consumer.

Jaswinder Singh, a city resident, approached the commission after the company failed to resolve the problem of the AC he had bought. Jaswinder said he purchased an Ac from an authorised dealer of Daikin Air Conditioning India Private Limited in May 2019 for Rs37,200. After installing AC in the house, it developed a snag and stopped working on June 14, 2019.

Representative of the company visited Jaswinder’s house many times, but the AC’s fault could not be rectified. Alleging that the act amounted to deficiency in service and unfair trade practice on the part of the company the complainant approached the commission for relief.

In its reply the company pleaded that there was some problem in a part of the AC and the firm was ready to replace it free of cost, but the complainant insisted for replacement of the entire unit, which was also approved.

However, the complainant started demanding refund of the cost of the AC along with compensation, which was not warranted as there was no deficiency in service on company’s part, the company added.

After hearing arguments the commission noted that the act of the company for not processing the replacement or refund of the complainant’s AC amounts to deficiency in service and indulgence of unfair trade practice.

The commission directed the company to refund Rs37,500 to the complainant being the price of the AC along with interest at the rate of seven per cent per annum from the date of its purchase till realisation of the amount.

The commission also directed the company to pay a compensation of Rs10,000 to the complainant on account of unfair trade practice, deficiency in service and for causing mental and physical harassment and Rs7,000 as litigation expenses. The commission fixed one month time for the implementation of its order.