ADITI KEJRIWAL Vs. CINNI SALES COMPANY

JUDGEMENT

(1.) THIS appeal is directed against order 17.12.2009, passed by District Consumer Disputes Redressal Forum, Raigarh (hereinafter called "District Forum" for short), in complaint case No. 169/08, whereby the complaint regarding deficiency in service, in respect of air -conditioner sold by respondent No. 1 and seeking compensation for that deficiency in service has been dismissed on the ground that the complainant/ appellant does not come in the category of 'consumer' and that the respondents are not responsible for the defects in the air -conditioner.

(2.) IN nutshell the facts of the case are that on 18.8.2007 a Voltas air -conditioner two tons split and crystal care stabilizer of 5 KVA was sold by respondent No. 1 to the complainant/appellant for Rs. 33,500 and installation charges of Rs. 4,000 were also collected and then the air -conditioner was installed at the residence of the complainant. Later on in the next summer season, it was found that the air -conditioner was not cooling the room properly and then complaint was made to respondent No. 1, but no heed was paid, then consumer complaint was filed before District Forum, alleging deficiency in service and claiming refund of price of the air -conditioner.

(3.) IN reply the respondents averred that defects have been generated because of improper use of air -conditioner and because of improper electric supply to the air -conditioner. It has also been averred that the complaint was not maintainable before District Forum.