• Delay and deficiency in service

It's been more than 35 working days since I registered a complaint about bluestar split AC (not under warranty) installed at my home, Issue is not at all resolved. Actually, motor and blower available in AC Indoor unit need to be replaced according to technician from your authorized service centre who visited next day from the date of complaint and owner of their authorized service center assured me of getting the work completed by next 7-10 days. After 10 days from that, in this regard whenever I contact to authorized service center, everytime, They are stating that they have already placed the order for the motor and blower to the company but they haven't received yet. even after 20-25 days from that, they couldn’t even arrange the required parts and just kept on giving me false promises and in this regard I already complained to escalation team few days back and in return, I was provided contact no of Sr.Service Delivery Head and Our Area Manager and I was assured of getting the work completed at the earliest but they were of no use as both of them were highly unresponsive.

As they (authorized service centre and area service incharge ) couldn’t arrange required parts in time and solve the issue, and to keep bluestar company in dark regarding this issue and to arrange required parts illegally either in second hand or from local spareparts dealers, on 16-4-22, without taking my consent, they even wrongfully/illegaly cancelled the complaint ticket ID, giving any false reasons and upon receiving update in this regard on my registered mobile number, I got to know about their wrongdoings and once again I had to contact your customer care and had to reopen the ticket. 

and upon enquiring for replacement of defective parts, they after making me wait for 30 days, After number of calls, follow-ups and complaints in those 30 days of registering complaint, lastly they, after 30 days, on the sake of providing said parts as what they assured, finally sent the defective parts available at your facility but in reality they hadn’t managed to get me the required parts even after 30 days from the date of complaints false promises, revealed the truth that required parts are not available with them and lastly they were wrongfully suggesting me to change the indoor unit itself which I straight away refused. If they couldn’t arrange the required parts due to whatever reasons, they should have informed me beforehand only but instead, they kept on giving false promises and made me wait for about 34 days and even after 34 days also, they couldn’t manage to resolve this issue and tried to suggest an alternate solution which was highly unacceptable.

Now we have no option rather than buying new AC. had they informed earlier right after registering complaint that parts are not available, I would have found alternate solution then itself, no need to wait for 30-35 days. what strict action can v take on company? and howmuch amount we can claim from company? thanks
Asked 17 days ago in Consumer Law

11 answers received from multiple lawyers

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11 Answers

Send a notice to the said company and file a consumer complaint for deficiency of service

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

File complaint against company before consumer forum for deficiency in service 

 

seek compensation for mental torture undergone by you 

 

seek litigation costs and order to direct company to replace defective parts 

Ajay Sethi
Advocate, Mumbai
87215 Answers
6050 Consultations

5.0 on 5.0

Buying a new AC is your second option because it is an essential requirement during the onset of this scorching heat/summer.

You first issue a legal notice mentioning the events that took place from the beginning chronologically and demand huge compensation for deficiency in service and also for causing mental agony, after that you an approach consumer forum for relief and remedy including the compensation.

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

Dear Client, 

As per the facts provided by you, According to the Consumer Protection Act, 1986 you can lodge a complaint with the Consumer Disputes Redressal Commission for fraudulent services against the company.

Thank You

 

Anik Miu
Advocate, Bangalore
4380 Answers
45 Consultations

4.9 on 5.0

- Since you have already sent your compliant to the said company, hence in the event of no response , you can file a compliant before the Consumer forum , and thereby you can claim compensation as well for the harassment. 

Mohammed Shahzad
Advocate, Delhi
9478 Answers
107 Consultations

5.0 on 5.0

Dear Client, 

It will not make any problem if you have provided your information in name of your father and you can claim the cost of the new AC in the compensation but at last Consumer Disputes Redressal Commission will decide the compensation to be awarded. 

Thank You

Anik Miu
Advocate, Bangalore
4380 Answers
45 Consultations

4.9 on 5.0

The mail was sent by your father using your email address since he do not have one, besides he was using your phone since his phone was unserviceable, this way you can create plenty of reasons.

However the fact that it was you who was organizing the entire episode is known only to you and not to others hence you do not have to fear about the  detection of this fact.

Besides, you are planning to file the case through your father only and not by you, hence let the things go in the same fashion, don't get confused thinking about too much of nothing instead you may concentrate on what is to be done.

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

Even id its in any other name and you are user you can still file consumer complaint

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

Don’t rely on audio recordings as voice is that of Asish Dalal and not Atul Dalal 

 

2) seek refund of money paid by you as defective parts were not replaced and you have purchased new AC 

 

3) seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
87215 Answers
6050 Consultations

5.0 on 5.0

- You can claim the compensation for mental harassment & litigation expenses. as per your status and is not fixed . 

- Send a demand legal notice before filing the compliant in the Consumer forum. 

Mohammed Shahzad
Advocate, Delhi
9478 Answers
107 Consultations

5.0 on 5.0

Dont think too much into evidence. The consumer case doesnt go to this kind of evidence.

 

You can start by sending notice and then based on reply can proceed with consumer court/forum.

 

Ankur Goel
Advocate, Bangalore
430 Answers

4.9 on 5.0

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