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| Divisional Forum upholds appeal, company to replace compressor | | |
Jammu, Mar 5
Coming down heavily on unfair trade practices and deficiency of service, the J&K State Consumer Disputes Redressal Commission today upheld an appeal filed against M/s Sheetal Air Con and Appliances, Trikuta Nagar and M/s Techumesh Products India Ltd, New Delhi here today.
In an appeal filed with the Commission by Renu Anand and Rajesh Anand, the Commission headed by Justice G D Sharma and Khalid Hussain today upheld the decision of the Divisional Forum, which had ordered the offending companies to replace the compressor within six weeks and pay Rs 1000 compensation to the petitioner.
In addition, the forum has asked the above said companies to pay compensation of Rs 4000 for physical and mental harassment and also asked then to pay Rs 1000 as compensation for breaking of the bricks and cement jallies and to pay the cost of this appeal to the tune of Rs 2000.
The Commission said that the warranty period of the new compressor shall start from the date of installment. All the above said liabilities against the respondents shall be joint and several.
In case the compressor is not replaced within a period of six weeks than Tecumesh Products India Ltd. shall pay interest on its price value of Rs 10950 at the rate of 9 percent per annum from the date of filing of the complainant in the Divisional Forum which is June 5, 2003.
According to the complaint lodged by Renu Anand and Rajesh Anand, M/S Sheetal Air Con and Appliances had been avoiding and delaying calls to rectify and replace a defective compressor and has given full account of these tactics. The complainant has said that she and her husband have undergone great hardship, mental torture and physical pain due to the poor products and service of the respondents.
She also alleged that that M/S Sheetal Air Con has tried to mislead the Divisional Forum by saying that her husband had installed the air-conditioner at a place where there was no free circulation of air, while the fact is that it was installed by the company at a place, where an air-conditioner already existed.
The petitioner had sought a direction for replacement of the compressor of the Air-conditioner which was installed by M/S Sheetal Air Con. She had also sought that AC may be put in perfect order and reimbursement of an amount of Rs 2000 for breaking and remaking of Jallies etc. She had also sought interest at the rate of 24 percent on the amount of Rs 12950, which was the purchase price of the AC, payment of Rs 5000 for mental torture and legal expenses and fresh guarantee for a period of five years.
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