BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 155 of 2016
Date of Institution : 16.06.2016
Date of Decision : 08.02.2017
Om Parkash, aged about 45 years son of Sh. Krishan Lal, resident of village and P.O. Panniwala Mota, Tehsil and District Sirsa.
……Complainant.
Versus.
1. Anand Udyog, Janta Bhawan Road, Opposite Old Stadium, Sirsa, District Sirsa (Haryana) through its Proprietor/ partner (Authorized distributor of HITACHI AC product).
2. Hitachi India Private Limited, Branch Office; 207, Ascot Centre, Next to Hilton Hotel, Sahar Road, Andheri (East) Mumbai- 400099 India through its Managing Director.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA……………………….PRESIDENT
SHRI RANBIR SINGH PANGHAL……MEMBER.
Present: Sh.K.S.Chahal, Advocate for the complainant.
Sh. J.N. Monga, Advocate for opposite party no.1.
OP no.2 not served.
ORDER
Case of complainant, in brief is that on 4.6.2014, he had purchased one Hitachi window air conditioner of two ton having three star on cash payment of Rs.32,000/- from opposite party no.1 vide cash memo/ bill No.4073 dated 4.6.2014. The op no.1 gave guarantee of air conditioner for a period of five years. However, just after some days of its purchase, the air conditioner is not working properly and it stopped cooling and even its motor gives very high loud. The mechanic sent by op no.1 checked the air conditioner but could not repair it due to serious problem and assured to visit again for its repair but thereafter no one visited the house of complainant for repair of air conditioner. Even two stabilizers have already burnt due to defects in the air conditioner. The complainant then visited op no.1 on many occasions with the request to repair the air conditioner and to remove defects and in the alternative, to replace the same but all in vain. The op no.1 postponed the matter on one pretext or the other. The complainant also made complaint to the company and has made several rounds to op no.1 but to no effect. Hence, this complaint.
2. On notice, opposite party no.1 appeared and filed written version to the effect that the service regarding AC is rendered by customer care. No date of defect/ problem has been mentioned in the complaint. No such written/ oral complaint was ever made to op no.1. Remaining contents of complaint have also been denied.
3. Op no.2 could not be served for want of correct address.
4. The complainant has tendered his affidavit Ex.C1, bill Ex.C2, job card dated 25.5.2016 Ex.C3, bill of stabilizer dated 2.6.2016 Ex.C4, bill of stabilizer Ex.C5. On the other hand, op no.1 tendered affidavit Ex.R1.
5. We have heard learned counsel for the parties and have gone through the case file carefully.
6. The complainant has purchased the air conditioner in question from opposite party no.1 on 4.6.2014 for a sum of Rs.32,000/- as is evident from bill dated 4.6.2014 Ex.C2. In the job card dated 25.5.2016 Ex.C3, it is mentioned that air conditioner checked and same is OK. But despite that complainant is not satisfied with the working of air conditioner and has filed the present complaint on 16.6.2016. According to the op no.1 no defect/ problem has been reported to him but after filing of present complaint the op no.1 could get the air conditioner in question checked and repaired but has not done so.
7. Keeping in view the facts and circumstances of the present case, we allow the present complaint and direct the opposite party No.1 to get inspect the air conditioner of the complainant through expert engineer of the company and to get it repaired after replacement of defective parts, if any free of costs within a period of one month from the date of receipt of copy of this order. A copy of the order be supplied to the parties free of costs. File be consigned to record room after due compliance.
Announced in open Forum. President,
Dated:08.02.2017. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
