Date of filing:- 06/09/2018.

Date of Order:-13/09/2019.

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT)

 B A R G A R H.

Consumer Complaint No. 59 of 2018.

            Rakesh Pattanaik, S/o. Rabindra Chandra Pattanaik, aged about 46(forty six) years Ward No.15(fifteen) Gobindpali, P.o./P.s/Dist-Bargarh-768028 (Odisha).

                                                                                    .....       .....       .....       .....    Complainant.

Vrs.

1. The Managing Director, Hitachi Home & Life Solution (India) Limited, Corporate Off, At- Hitachi Complex, Karan Nagar, Kadi, Dist-Mehasana, Pin-382727, Gujarat, India.
2. The Manager–Service Operations, Hitachi Home & Life Solutions (India) Limited. Regd Office At- 9th floor, 'Abhijeet' -1, Mithakhali Six Roads, Ahemedabad -380006 India.
3. The Proprietor, Ashok Electricals, In front of Purohit Hospital, N.H.6, P.o/P.s/Dist-Bargarh.                                    .....       .....       .....       .....       Opposite Parties.

Counsel for the Parties:-

For the Complainant :-            Sri P.K.Mahapatra, Advocate with other Advocates.

For the Opposite Part No.1(one) :-      Sri S.P.Mishra, Advocate with Advocates.

and No. 2(two).

For the Opposite Party No.3(three):-   Ex-parte.

-: P  R  E  S  E  N  T :-

Sri Krishna Prasad Mishra       .....       .....       .....       .....       .....       P r e s i d e n t.

Ajanta Subhadarsinee             .....        .....       .....       .....       .....       M e m b e r (W).

Dt.13/09/2019                                     -: J   U  D   G  E  M  E  N  T:-

Presented by Sri Krishna Prasad Mishra, President:-

Brief Facts of the case ;-

            In pursuance to the Provision U/s 12 of the Consumer Protection Act 1986 the Complainant has preferred to file the case against the Opposite Parties with an allegation of un-fair trade practice and deficiencies of service on their part as mentioned hereunder.

            The case of the Complainant is that he has purchased an Air Conditioner from Opposite Party No.3(three) the authorized dealer of the Opposite Party No.1(one) by the make and model of Hitachi Air Conditioner bearing No.RAS518KUDB-SFI60K08291/160G07453 by paying an amount of Rs.39,000/-(Rupees thirty nine thousand)only on Dt.29/04/2017 against an warranty of replacing or repairing the same for 12(twelve) months and also an warranty of sixty months for the compressor of the Air Conditioner in particular and further was assured of the best service facility, and accordingly the Complainant took the Air Conditioner and used the same for about two months and as rainy season approached he kept the same switched off till the next summer and when he opened the same for it’s use it did not function well even could not cool his room properly rather blew hot air as such he reported about the same before the Opposite Party No.3(three) and on his advice tried to contact the Opposite Party No.1(one) in his toll free number for time and again but failed and again on the advice of the Opposite Party No.3(three) he lodged his complain before the Customer care vide the toll free Number -18602584848 in reply to the same he was assured of the due service within 48(forty eight) hours but to no effect, thus he could not get the benefit of the Air Conditioner in the time of his need due to the callous attitude of the Opposite Parties which of such acts of the Opposite Parties pertains to the deficiencies of service and unfair trade practice on the part of the Opposite Parties jointly and severally though the total episode has begun during the subsistence of the warranty period consequent upon which he has to suffer physically mentally and financially thus seeing no other alternative served the Opposite Parties with a Pleader Notice but then also they slept over the matter, thus the cause of action in filing the case before the Forum claiming compensation amounting to Rs. 50,000/-(Rupees fifty thousand)only towards his mental, physical and financial agony, Rs.10,000/-(Rupees ten thousand)only towards litigation expenses besides the cost of the said Air Conditioner amounting to Rs.39,000/-(Rupees thirty nine thousand)only with 18% (eighteen percent) interest per annum. And to substantiate his case the Complainant has relied on the following documents:-

1. Xerox copy of Retail Invoice No-2661.
2. Copy of Mobile Message of the Complainant.
3. Copy of warranty in owner Manual.
4. Copy of Advocate Notice, Postal receipts, Delivery Reports of the Notice down loaded from net & E. mail.

            Having gone through the Complaint, it’s supporting documents and hearing the Advocate concerned it seemed to be a genuine case hence admitted and Notice was served on the Opposite Parties.

            On being Noticed the Opposite Party No.1(one) & No. 2(two) appeared before the Forum and subsequently thereafter filed their joint version but Opposite Party No.3(three) did not appear hence was set ex-parte on Dt.15.04.2019.

            So far as the version filed by the Opposite Party No.1(one) & No.2(two) is concerned is a voluminous one, is an evasive one to the case of the Complainant giving much emphasis on their net work system of quality control and their established service system besides the averments made above has also denied that the Opposite Party No.3(three) being a dealer of the Opposite Party No.1(one) and also has denied to have been deficient in providing service as his team of technician has visited the complain of the Complainant but as he could not provide to them the authenticated sale invoice or warranty card of the said Air Conditioner and that he has failed to prove to have purchased the same and also failed to prove that the same was within the warranty period so they returned back and also further have claimed before the Forum in their joint averments that the case is liable to be dismissed with exemplary costs.

            On due perusal of the material available in the record we feel it proper to adjudicate the case on the following issues:-

1. Whether the Opposite Parties have committed unfair trade practice and deficiencies of service ?
2. Whether the complainant is entitled for the claim prayed for before the forum ?

            While dealing the Issue No.1(one) as to whether the Opposite Parties have committed unfair trade practice and deficiencies in rendering service to the Complainant, perused the documents filed by the Complainant and found that those are all genuine and authenticated beyond any reasonable doubt, and in our view by simply denying any documents without any cogent proof cannot be considered to be a false or fabricated one more so while going through the entire complaint we did not find any allegation of manufacturing defects of the same Air Conditioner has been raised by the Complainant and so far as the averments made by the Opposite Party No.2(two) & No.3(three) in their version with regard to their claim that their technician had attended the complain of the Complainant but as he failed to produce the genuine invoice copy and warranty card, they have not attended his complain, in this regard we do not find any documents to prove the same furthermore their claim with regard to the Opposite Party No.3(three) that he is not their authorized agent is also not acceptable in the absence of any prove to the effect that he was not their agent and for his such action of selling their product unauthorizedly, they have taken any action against him in as much as the very absence of the Opposite Party No.3(three) even if being duly noticed cannot be accepted that he has not sold the said Air Conditioner to the Complainant and has not issued him with the invoice of sale and warranty card. In view of such facts and circumstances we are of the view that the Opposite Party No.3(three) being the dealer of the Opposite Party No.1(one) has sold the Air Conditioner to the Complainant and the complain has not been redressed which amounts to unfair trade practice coupled with deficiencies in rendering him with his legitimate due service on the part of the Opposite Parties for which all the Opposite Party from No.1(one) to No.3(three) are jointly and severally liable under the provision of the Act. As such accordingly our view is expressed in affirmation to the case of the Complainant.

            Secondly in view of the aforesaid circumstances the Complainant has suffered a lot as has been alleged by him by not being able to use the Air Conditioner which he has evidently purchased from the Opposite Parties concern and also is being clearly evident from the averment made by the Opposite Party No.2(two) & No.3(three) that they have sent their technicians to attend the complain of the Complainant but due to non production of the authenticated sale invoice and warranty card they did not give any service whereas it is also found in their averment in para no.6(six) of their joint version that the Complainant has taken the said Air Conditioner in a good and sealed & packed condition after full satisfaction with the said product which speaks of their ulterior motive in escaping their responsibility in rendering service in stead of giving him his due service also it is evident from the materials available in the record that the said Air Conditioner was duly purchased by the Complainant by paying the price of the same against the warranty as mentioned above but it found that all the Opposite Parties have played foul game with him to escape from their joint responsibility which amounts to unfair trade practice coupled with deficiencies in rendering him his due service, as such in our prudent view the Opposite Parties have committed unfair trade practice and deficiencies of service for which they are jointly and severally liable in accordance with the provision of the Act, hence our view is expressed in favor of the Complainant. Hence our order follows.

-:  O R D E R  :-

            Hence the Opposite Parties being jointly and severally liable are directed to replace the said Air Conditioner with a new one with the same make and model to the Complainant or in the alternative are directed to refund him the price of the same amounting to Rs. 39,000/-(Rupees thirty nine thousand)only with 10% (ten percent per annum) interest per annum from the date of filing the case till date of this Order and also further directed to pay him Rs.10,000/-(Rupees ten thousand)only towards compensation for his mental, physical and financial harassment undergone by him and also are directed to pay him an amount of Rs.5,000/-(Rupees five thousand)only against litigation expenses within thirty days from the date of receipt of the order or else the total amount would accrue an interest @ 16 % (sixteen percent) per annum till the actual realization of the total amount.

            Accordingly the order is pronounced in the open Forum, in the result the Complaint is allowed against the O.Ps and the same is disposed off to-day i.e on Dt.13.09.2019.

                                                                                                Typed to my dictation

                                                                                                 and corrected by me.             

                                    I agree,                                            ( Sri Krishna Prasad Mishra)

                                                                                                        P r e s i d e n t.                                                         

                   ( Ajanta Subhadarsinee)

                          M e m b e r (W)  

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Sri Dusmanta Padhan

Office Assistant, Bargarh