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2025 Supreme(Online)(SCDRC) 35685

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Dr.P.Gowrikumar – Appellant
Versus
Toshiba Air Conditioning Carrier Air Conditioning and Refrigeration Ltd. – Respondent
SC/33/CC/290/2017



Petitioner Advocates:M/s, S.Suseela Devi - Counsel for Petitioner ,Respondent Advocate:

Date of filing: 9.3.2017 IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI BEFORE Hon’ble Thiru Justice R. SUBBIAH PRESIDENT CC.NO.290/2017 DATED THIS THE 14th DAY OF MARCH 2025 Dr. P.Gowrikumar Proprietor of Sri Ramana Scan Centre S/o. Perumal No.36, Sannathi Street Tiruvannamalai – 606 601 ....Complainant Vs

1. Toshiba Air Conditioning Carrier Air Conditioning and Refrigeration Ltd., Aircon Division, Temple Steps Block-1, 9th Floor, 184-187, Anna Salai, Little Mount Saidapet, Chennai-600 015

2. Toshiba Air Conditioning Carrier Air Conditioning and Refrigeration Ltd., Head Office:

Carrier Complex, VII Narsinghpur KherkiDaula Post, Gurgaon- 122 004 3. Chillz Engineering Private Ltd., No.19, Veerasamy Street Egmore, Chennai-600 008 ....Opposite parties Counsel for complainant : M/s S. Suseela Devi Counsel for Opposite parties 1 & 2 : M/s. Indhu Karunakaran Counsel for 3rd opposite party : M/s. K. Chandrasekaran This complaint coming before me for hearing finally on 31.1.2025 upon hearing the arguments of counsel appearing for complainant and Opposite parties 1 & 2 and upon perusing the material records this Commission made the following order:

ORDER

Justice R. SUBBIAH, PRESIDENT

1. This complaint has been filed under Sec.17 of Consumer Protection Act 1986, against the opposite parties claiming to pay a sum of Rs.1,20,000/- towards loss incurred by the complainant in repairing the VRF systems, and to direct the 3rd opposite party to pay a sum of Rs.1,00,000/- towards actual loss incurred by the complainant by way of electricity charges, alongwith a sum of Rs.4,02,000/- as rent for hospital rooms due to non-functioning of AC for 134 days in the hospital, to pay a sum of Rs.2 lakhs towards compensation for deficiency in service, and to direct the 1st and 2nd opposite parties to pay Rs.20,00,000/- towards compensation for irreparable loss of reputation in profession incurred by the complainant alongwith cost.

2. The averments in the complaint read as follows:

The complainant is a doctor by profession, and having his own hospital at Tiruvannamalai. The complainant had purchased Toshiba VRF system from 1st and 2nd opposite parties, for his hospital, in 2013 through Mr.Md Rafiq of 3rd opposite party. The value of the total order placed by the complainant is about Rs.20,00,000/-. In the ground and first floor of the building, the complainant is running a hospital, and the 2nd and 3rd floors the complainant is using for the residential purposes. The complainant had booked 14 AC units for the hospital, including one cassette AC for reception and a duct AC for operation theatre. The complainant had also purchased 10 AC units for the house including one cassette AC for bedroom and one vertical unit for hall. Totally he had purchased 24 AC units. The 3rd opposite party is authorized by the 1st and 2nd opposite parties, for installing the Toshiba VRF systems. Initially the estimation for installation was given by the 3rd opposite party as Rs.5,89,545/-. After being satisfied with the opposite parties’ estimation, on 3.5.2013 the complainant had parted with a sum of Rs.50,000/- as initial payment. For the said payment, 3rd opposite party has issued receipt dt.6.5.2013. But the installation works were started only in August 2013. On 20.8.2013 he had paid a sum of Rs.2,00,000/-, for which the 3rd opposite party had issued receipt. Later at the time of work, after the fixing of copper line in the site and measuring copper pipe line, the 3rd opposite party had changed the quotation as Rs.6,95,315/-. On 23.11.2013, the complainant had paid further sum of Rs.2,00,000/- to the 3rd opposite party, for which receipt was issued. Again on 8.2.2014 he has paid Rs.1,39,545/- by way of cheque. Thereafter, again on 23.12.2014 the complainant had paid Rs.2,39,449/- by way of cheque. Even after the payment of installation amount, the work was progressing on a slow phase. He had paid the remaining Rs.50,000/- through Axis Bank on 17.3.2015. The installat

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