1 (FA/18/690 IN CC/17/230)

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI

FIRST APPEAL NO.FA/18/690

(Arisen out of order dated 12/07/2018 passed in Consumer Complaint No.CC/17/230

by District Consumer Commission, Central Mumbai)

Mr.Vikas V. Pathare,

R/o. Flat No.9, 5^th Floor,

Ratan Apartment, Chitale Path,

……Appellant

Dadar, Mumbai – 400028

(Org.Complainant)

Versus

1. Vijay Sales [Mahim Branch]

Panasonic India Pvt. Ltd.

120/122 Dimple Building, L.J. Road,

Mahim (W) Mumbai – 400018.

2. Panasonic India Pvt. Ltd.,

Regional Office, 502/503,

Sahara Plaza Complex,

Windfall Building, 5th Floor,

J.B. Nagar, Andheri (E),

Mumbai-400059.

3. Panasonic India Pvt. Ltd.,

Corporate Office,

12^th Floor, Ambience Tower,

Ambience Island, NH-8, Lane No.V40,

DLF Phase III Sector 24, Gurgaon, …… Respondent Nos.1 to 3

Haryana – 122002.

(Org.Opposite Party Nos.1-3)

BEFORE:

Justice S.P. Tavade, President

A.Z.Khwaja, Judicial Member

For Appellant : POA of Appellant- Mr.Shekhar Pathare

For Respondent : Advocate Mrs.Shaila Taware

Nos.2 and 3

ORDER

(30/09/2022)

Per: A.Z. Khwaja, Judicial Member

1) Appellant Mr.Vikas V. Pathare has preferred the present appeal feeling

aggrieved by the order passed by the Learned District Consumer Disputes

Redressal Commission, Central Mumbai dated 12/07/2018 in Consumer

Complaint No.CC/17/230 whereby the complaint filed by the appellant/

2 (FA/18/690 IN CC/17/230)

complainant came to be partly allowed and respondents/opponents were

directed to rectify the defect and repair air conditioner and also to pay

compensation of Rs.2,000/- and costs of litigation.

2) Short facts leading to the filing of the appeal may be stated as under –

Complainant Vikas V. Pathare is a senior citizen and resident of Dadar,

Mumbai. Opponent no.1 Vijay Sales who is dealing with the retail business of

sale of air-conditioners. Opponent no.2 is a Regional Office of Panasonic India

Pvt. Ltd. Opponent no.3 is dealing with the business of manufacture and sale of

consumer durables including air-conditioners. Complainant Mr.Vikas Pathare

had purchased one window air-conditioner of one ton capacity on 26/11/2016

alongwith one year warranty. Complainant has alleged that after purchasing the

air-conditioner and when the same was installed he found that the

air-conditioner supplied by opponent no.1 was not of good quality and was

emitting great noise and there was also vibration from very beginning.

Complainant thereafter lodged the grievance with opponent no.1 namely Vijay

Sales and they deputed a technician to look into the problem. The said

technician then came and fixed rubber packing as well as wooden stiffener etc.

which was purchased at the cost of Rs.2,000/- but there was no reduction in the

noise and vibration. Complainant then informed opponent no.2 by e-mail on

27/06/2017 and they also deputed their service team on 01/07/2017. The

opponent recommended replacement of Compressor and so the opponent

replaced the compressor with the help of their service agent but still there was

no benefit and the air- conditioner continue to noise and vibration. Complainant

has contended that on 18/07/2017 the opponent no.2 sent a letter stating that

their certified engineer did not find any technical fault with the air-conditioner

which was sold to the complainant. On 09/08/2017, one Mr.Yadav visited with

D.B. Meter and recorded 58.7 D.B. which was 20 % higher than given in the

data of Panasonic Company. Complainant thereafter demanded replacement of

the air-conditioner or refund of the price paid by him vide e-mail

dtd.15/08/201

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