ADONIS ELECTRONICS PRIVATE LIMITED Vs. NIKHIL GANGAN

JUDGEMENT

(1.) THIS appeal arises out of order/award dated 23.12.2008 passed in Consumer Complaint No. 62/2008, Mr. Nikhil V. Gangan v. M/s. Samarth Enterprises & Another, passed by District Consumer Forum, Ratnagiri ( Forum below in short). Respondent /Org. Complainant (hereinafter referred as Complainant ).

(2.) THE undisputed facts are that Respondent/Org.Complainant - Nikhil Gangan had purchased Split AC of Onida Company for a consideration of Rs. 18,000 on 15.3.2008 through its authorized dealer -Org. O.P. No. 1 -M/s. Samarh Enterprises. Appellant/Org. O.P. No. 2 -Onida Service Centre is authorize service centre of Onida Company and attended the complaints regarding the Split AC in question.

(3.) IT is the complaint of Respondent/Org. ComplainantNikhil Gangan that the AC purchased was giving unbearable sound and therefore, he made a complaint. Org. O.P. replaced the AC. However, with new replaced AC also, the complaint continues. Therefore, again when the complaints were lodged orally as well as in writing, Mr. Lodh and Shri Khatri, representative of Appellant/Org. O.P.No.2 visited and inspected the AC. They admitted the fault and promised to replace the same but in vain. Ultimately, after promising, notice was sent to Respondent on 23.7.2008 and since the notice met with no reply, the consumer complaint was filed. It was partly decreed directing the Opposite Parties to repay the price of Rs. 18,000 and Rs. 3,000 as compensation towards mental torture and harassment. Feeling aggrieved thereby O.P. No. 2 -Onida Service Centre filed this appeal.