Rahul 20 July 2019

Consumer court not admitting the complaint

Here is the small story:-

Air Conditioner was purchased in 2016 for residential use.
And in 2019 it stopped working, lot of telephonic and complaints through email done. And lot of followup.
But company was not able to repair it from 2 months. Many times technicians came but were not able to repair it.
Finally, consumer went to consumer forum praying for direction to company for taking their AC back and refund him.

Now Hon'ble Judge(President) at Consumer fora is saying that how can you ask for refund. It is a 3 year old AC.
And even if refund will be provided then depriciation @ 20% per year will be deducted.
And he has asked to ammend the prayer clause of petition by removing the point of refund and adding the point for direction of repair in it.
Otherwise he'll not admit the complaint.

But some questions in mind:-
1. What will be the use of direction of repair as their technicians have tried lot of times, but they are unable. Whenever they repair it, AC just works for one-two days and again stops working.
And even if they will be directed by consumer fora they will again repair it temporarily and get the signature from consumer that AC is workin fine now.
And when after 1-2 days it will stop working then they will say that it is new issue and we have followed the order of court by repairing.

2. How did Hon'ble Judge(President) arrived to the figure of 20% depriciation per year.
Why not 10% or 15% or 25%.

On next date either the complaint(petition) will be admitted or rejected.
Hope for some good suggestions.

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 July 2019

Many different depreciation methods can be used by the entities to record the effect of devaluation. Selection of method is depend upon the type of goods. % also must be taken in the same manner. On every invoice, there would be one condition, once sold cannot be taken back. and no return.

Faltu Focat 09 September 2019

Depreciation can be only what Income tax and GST act states. it is fixed for each type of goods. You can file case for improper repair in first place, and state that in case not repaired then refund. you will have to keep record of use and fault development and time taken for repair. I don't think that after warranty period you can ask for refund. You can ask for refund if you produce sufficient evidence of failing repair.