PANASONIC INDIA PVT LTD Vs. M M SHARMA

JUDGEMENT

(1.) Appellant manufactures and markets refrigerators under the brand name of Panasonic. The respondent purchased one 1.5 ton air conditioner manufactured and marketed by respondent No.2 M/s. DKs show, dealer of the appellant. In spite of having made efforts to rectify the defects particularly of the compressor in the air-conditioner, the AC remained non-functional. While allowing the complaint of the respondent, the District Forum has vide impugned order dated 2.9.2005 directed the appellant as well its dealer to refund the cost of the defective machine i. e. , Rs.24,200 and also to pay Rs.5,000 as compensation inclusive of the cost of litigation for the inconvenience, mental agony and harassment suffered by the respondent. Feeling aggrieved, the appellant has directed this appeal.

(2.) It is pertinent to mention at this stage that the appellants were proceeded ex parte in spite of the Managing Director of the appellant having been served at his Noida office.

(3.) Allegations in brief were that respondent made a complaint to the appellants as to non-working of the AC appellant deputed their mechanic who after checking the machine stated that there was some defect in the compressor and that he had set right the defect. However, the defect remained as it was. On further complaint of the respondent, the appellant's representative visited the place of the respondent number of times and carried out some repair work but sill the defect persisted. On 6.7.2004 the staff of appellant informed the respondent that compressor of the AC was defective and the same was to be replaced. The respondent requested the appellants to replace the entire machine because he had paid for a new AC. However, respondent No.2 did not agree and the respondent No.1 had to agree for the replacement of the compressor as he was expecting some guests from USA. The compressor was replaced on 5.6.2004. However, the compressor again started making loud noise within 5 days. There was no proper cooling and it was difficult for the guests to have a peaceful sleep due to the noise made by the compressor. The respondent has to suffer a lot of embarrasment on this count.