DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Col. Alok Bhalla r/o #82, Sector-A, Chandimandir.

                                      ---Complainant.

Versus

1.                 Cooltech Corporation, SCO No.118-119, Sector 8-C, Chandigarh through its Managing Director.

2.                 Hitachi Home & Life Solutions (India) Ltd., SCO 392, Sector 37D, Chandigarh through its Branch Manager.

--Opposite Parties.

BEFORE:  SHRI LAKSHMAN SHARMA                 PRESIDENT

                   SMT. MADHU MUTNEJA                       MEMBER

                   SHRI JASWINDER SINGH SIDHU       MEMBER

Argued by:  Sh. Gaurav Bhardwaj, Adv. for the complainant

                        OPs exparte.

PER LAKSHMAN SHARMA, PRESIDENT

1.                           Col. Alok Bhalla has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act only) praying for the following reliefs :-

          “It is, therefore, respectfully prayed that the O.P. be directed either to replace the A.C. with a brand new defect free A.C of the same model and make with fresh warranty of one year or to take back the A.C. and refund the amount of Rs.61,800/- to the complainant alongwith compensation of Rs.30,000/- and Rs.5,500/- as litigation expenses to the complainant in the interest of justice.”

2.                           In brief, the case of the complainant is that he purchased a 2.0 TR Atom square Split Air Conditioner from Opposite party No.1 vide invoice dated 10.5.2011 (C-2) and made advance payment of Rs.30,000/- in cash and Rs.31,800/- vide cheque (C-1). The said A.C. carried a warranty of one year for whole product and five years for the compressor. 

                   According to the complainant, from day one the said A.C. gave one problem or the other and had to be repaired on nine different occasions in less than one year with regard to leakage of gas/water and other defects.  The complainant wrote a number of emails (C-14 colly.) but still the A.C could not be set right. 

                   According to the complainant, failure on the part of the complainant to repair the A.C. amounts to deficiency in service and unfair trade practice. 

                   In these circumstances, the present complaint has been filed claiming the reliefs mentioned above.

3.                           The opposite parties did not appear despite due service, hence they were proceeded against ex parte. 

4.                           We have heard the learned counsel for the complainant and have gone through the documents on record.

5.                           Annexure C-1 is the writing by Opposite party No.1 on its letterhead whereby it acknowledged having received the amount of Rs.30,000/- in cash and Rs.31,800/- by way of cheque as advance payment from the complainant for purchase of 2TR Split Air Conditioner.  Annexure C-2 is the invoice dated 10.5.2011 for the said split Air Conditioner for Rs.59,300/- only. Annexure C-4 is a copy of the terms and conditions showing that the A.C. carried warranty of twelve calendar months from the date of installation or fifteen calendar months from the date of invoice, whichever occurs earlier.  Annexure C-5 to C-13 are the copies of HHLI Help Field Call Reports of different dates showing that engineers of the opposite parties had  visited the premises of the complainant to rectify the defects pointed out by him.  Annexure C-14 Colly. are the copies of emails sent by the complainant to the opposite parties to prove that the A.C. in question has not been repaired.

6.                           It has been argued by the ld. Counsel that there is some inherent manufacturing defect in the A.C. due to which the same could not be set right by the opposite parties and that he has been unnecessarily made to suffer despite shelling out a hefty amount for its purchase. 

7.                           In order to establish their case it was for the opposite parties to have put in appearance and lead evidence to controvert the pleas of the complainant.  However, they chose not to appear and were accordingly proceeded against exparte.

8.                           On the other hand, the complainant has filed his duly sworn affidavit in support of his averments which are also supported by the documents mentioned above.

9.                            As per the Field Call Reports (C-5 to C-13), it is evident that the A.C. was attended nine times by the engineers of the opposite parties for various defects, when the same was well under warranty.  However, they could not set right the A.C. to the satisfaction of the complainant.   In the Field Call Report (C-12) under the column ‘Engineers Diagnosis’ it has been noted that the gas level was only 20 psi and cause for the same was not explained by the engineers.  It has been further noted that there was persistent problem of gas leakage since the time of purchase of the unit.  Hence, it is proved that the A.C. in question certainly suffered from some inherent manufacturing defects which could not be set right by the opposite parties, despite various visits, which amounts to deficiency in service on their part.

10.                       In view of the above discussion, the present complaint is allowed and the opposite parties are directed as under :-

(i)                To replace the defective A.C. in question with a brand new one of the same make/model with fresh warranty of one year.

OR

                             If the AC of same make/model is not available, then they shall return the invoice price of the same i.e. Rs.56,000/- to the complainant.

(ii)             To pay Rs.10,000/- as compensation for mental agony and harassment suffered by the complainant;

(iii)           To pay Rs.5,000/- as costs of litigation.

11.                       This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(i) & (ii)  shall carry interest @18% per annum from the date of this order till actual payment besides payment of litigation costs.

12.                       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

10.09.2012.

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

 (MADHU MUTNEJA)

MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER