Consumer Forum dismisses complaint related to AC

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Jatin Ramaiya

A  Marcel resident, Arun P. Hebbalkar, approached the Consumer Disputes Redressal Forum, North Goa at Porvorim complaining of deficiency in service against online portal giant Flipkart. In his complaint to the Forum, the Marcel resident claimed that he suffered mental agony and pain due at the hands of Flipkart and therefore he was entitled to be compensated for the same.

Arun had claimed that he had purchased online through Flipkart, Carrier 1.5 ton 5 star Split Inverter AC, white colour after making online payment through HDFC Bank for Rs. 38,499 and the said AC which was delivered on June 16, 2019. However, despite the promise of installation within 72 hrs, the AC was not installed for over ten days.  He further claimed that technician came and installed the AC and charged Rs 500 for the installation. However, the AC did not work well beyond a day and therefore, he was constrained to call the technician who demanded about Rs 2000 for refilling gas in the AC.

Arun claimed that as the AC was under warranty, he denied to pay. Accordingly the opposite party replaced the AC on July 14, 2019 after his request and installed it on July 26, 2019.  Arun further claimed that after few days it started giving problem. But no technician turned up for repairs. But after continuous requests, Flipkart finally agreed to take back the faulty AC but on a condition of purchasing another non Carrier AC from them and therefore, another AC Sansui 1.5 ton 5 Star Split Triple Inverter AC white colour was delivered by Flipkart but failed to install the same and therefore, Arun got it installed locally.

In his complaint he admitted that the new AC was working satisfactorily till today, but doesn’t have any warranty as declared by Flipkart and therefore, he approached the Forum for grant of compensation of a sum of Rs 70000. The member of the Forum perused the records and averments made in the complaint deemed fit to dismiss the complaint without any notice to the Flipkart.

The Forum observed that “We are unable to understand when the AC is working to his satisfaction, why the complainant is asking for such a huge amount from the opposite party? Agreed that he faced problems when twice the AC didn’t work properly. But the opposite party has replaced it with new one which is working well. Opposite party is online portal and the complainant cannot ask for  compensation from them.”

The Forum whilst holding that non joinder of the manufacturer as fatal to complaint observed, “Secondly, the company or manufacturer is not made party. If the complainant has any issues, he should have made the manufacturer as a party. And in the absence of these parties, the opposite parties cannot be held liable for the mental torture faced by the complainant.” Forum further held that Flipkart is a portal and does not need to give any warranty but it’s the manufacturer/company who should give warranty.