DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.154/2015
Sh. Farhad Suri,
S/o Late Sh. W.M. Babar,
R/o First Floor, C-3, Nizamuddin East,
New Delhi-110013 ….Complainant
Versus
1. M/s Arvee Sales
II-J-15, Central Market,
Lajpat Nagar, New Delhi
2. M/s Hitachi Home and Light Solutions India Ltd.
9th Floor, Abhijeet Mithakadi 6 Road,
Ahmadabad, Gujarat-380006 ….Opposite Parties
Date of Institution : 04.06.15 Date of Order : 21.04.18
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
Case of the complainant, in nutshell, is that he had purchased one Split A.C. with hot and cold manufactured by OP No.2 from OP No.1 for an amount of Rs.37333.30p on 08.11.14; that, however, from the day one the A.C. was not working properly and in the very first week it completely stopped working and repeated complaints made by the complainant to the Customer Care and despite visits made by the Technical Executive of the OP the defects could not be rectified. According to the complainant, he had made more than 30 complaints but despite that the defect could not be rectified which is having inherent manufacturing defect. The legal notice was issued to the OPs but in vain. Hence, pleading deficiency in service on the part of the OPs, the complainant has filed the present complaint for issuing directions to the OPs to either replace the A.C. or refund the price paid by him, to pay compensation of Rs.1 lac per month as the complainant had to spend for the alternative accommodation, he had to hire, for his super Sr. Citizen of more than 80 years old ailing mother, to pay Rs.5 lacs towards compensation for mental harassment/ torture etc. and Rs.55,000/- towards cost of litigation.
Appearance was put on behalf of the OP No.1 through Sh. Satish Kr. AR on 10.07.015. However, one appeared on behalf of the OP No.2 despite service of notice on 26.06.15 and no reply has been filed on behalf of the OPs.
Complainant has filed his affidavit in evidence on 03.09.15. Thereafter, we afforded opportunities to the OPs to file their affidavit in evidence but in vain.
Written arguments have been filed on behalf of the complainant.
We have heard the oral arguments on behalf of the complainant and have also carefully gone through the record.
Ex. CW-1/1 is the copy of the retail invoice which has been filed to prove that the complainant had infact purchased the Hitachi A.C. SAC: RAU 518 HTH (1.5t) ACE REIDAN HEATPUMP) alongwith a Hitachi inverter from OP No.1 on 08.11.14. The price of A.C. is shown as Rs.37,333.33p. Copy of the warranty card has also been filed as Annexure P-1. Ex. CW1/2 is the copy of legal notice dated 28.02.15 sent on behalf of the complainant to the OP No.2 inter-alia stating the facts as stated in the complaint and asked the OP No.2 to replace the defective unit/A.C. within 15 days, to pay Rs.2 lacs as compensation for mental harassment torture together with Rs.5500/- towards cost of the legal notice. Copy of the legal notice was also sent to the OP No.1. OPs did not prefer to contest the complaint and, thus, have not repudiated the averments made in the complaint. Therefore, we do not have any reason to disbelieve the version made by the complainant. Hence, we hold that there was infact manufacturing defect in the A.C. in question which was not rectified and/or the A.C. was not replaced by the OP No.2 despite notice sent to the OP No.2 in this behalf. It has been mentioned in legal notice that the complainant had made more than 30 complaints to the OPs and lastly he called up the Customer Care on 10.02.15 but to no effect. In view of these facts, we hold that there is deficiency in service on the part of OP No.2 who is the manufacturing company.
In view of the above discussion, we allow the complaint against the OP No.2 and direct the OP No.2 to replace the A.C. in question with new one or to refund the price of Rs.37333.33p and also to pay Rs.15,000/- in lumpsump towards mental harassment and cost of litigation to the complainant within 30 days of receipt of copy of this order failing which OP No.2 shall become liable to pay interest @ 6% per annum on the amount of Rs. 37333.33p and also Rs.15,000/- from the date of this order till the date of realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 21.04.18.
