Haryana

Charkhi Dadri

CC/61/2023

Rohtash - Complainant(s)

Versus

Electronic Point through its authorized signatory - Opp.Party(s)

Sh. Ravinder Jangra

08 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI

 

                                                          Complaint Case No. 61 of 2023

                                                          Date of Institution:  17.04.2023

                                                          Date of Decision: 08.04.2024              

 

Rohtash son of Shri Dig Ram, resident of village Ghasola, Tehsil and District Charkhi Dadri Mobile No. 9416338552.

                                                                   ….Complainant.

                                      Versus

M/s Electronic Point, Near Choudhary Bansi Lal Ki Kothi, Hansi Road, Bhiwani, Tehsil & District Bhiwani through Authorized Signatory.

                                                                   …....Opposite Party. 

                   COMPLAINT UNDER SECTION 35 OF

                   THE CONSUMER PROTECTION ACT, 2019.

 

Before: -      Hon’ble Shri Manjit Singh Naryal, President.

                   Hon’ble Shri Dharam Pal Rauhilla, Member.

                  

Present:        Shri Ravinder Jangra, Advocate for the complainant.

                   Opposite party exparte vide order dated 18.07.2023.

       

ORDER    

                   Shri Rohtash (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite party (hereinafter referred to as “the OP”) with the averments that the complainant had purchased an Air Conditioner Split make Hitachi for a sale consideration of Rs. 41,000/- vide invoice No. EP/0148/ 21-22 dated 09.04.2021 from the OP with five year warranty with free service for 5 years.  The above AC worked properly for about one season, but due to non service of the above AC by the OP, water started coming out from the front and back of the AC and the same did not function properly and there was no cooling and the complainant and his old aged parents suffered in summer in fierce hot.  It was alleged that the complainant had registered his complaint in this regard with the OP on mobile No.9034055100, but to no effect.  It is further alleged that the complainant has also got registered the complaint on customer care centre telephonically, but to no effect.  That due to non-rectifying the defect in the Air Conditioner the complainant was compelled to make alternative arrangement by purchasing another Air Conditioner in June 2022. Subsequently the complainant got served a legal notice dated 2.3.2023 upon the OP through his counsel Shri Ravinder Jangra, Advocate, Charkhi Dadri.  But the OP did not pay any heed to the same.  Hence, this complaint.

2.                Consequent upon filing of present complaint, a notice was issued to the opposite party through registered post by this Commission on 11.05.2023 which was delivered on 12.05.2023 as per consignment tracking report placed on file. But no one appeared on behalf of opposite party, therefore, the opposite party was proceeded against exparte vide order dated 18.07.2023 of this Commission.

3.                The complainant in his exparte evidence to prove his case has tendered into evidence his duly sworn affidavit Ex. CW1/A and document Ex. C-1 to Ex. C-4 and closed the evidence.

4.                We have heard the ld. counsel for the complainant at length and have gone through the case file minutely and carefully.

5.                The case of the complainant goes unchallenged and un-rebutted, as the opposite party has failed to appear before this Commission despite service of summons.  It appears that the claim of complainant is genuine and the opposite party has nothing material to say in this case as OP preferred not to appear before this Commission despite delivery of the notice. Learned counsel for complainant has also placed affidavit of the complainant, copy of bill etc. to prove the claim of the complainant.  From the perusal of the documents, it has been observed that the complainant had purchased the Split AC on 9.4.2021 for a sum of Rs.41,000/- from Opposite Party.  The contention of complainant is that after 1^st season of its purchase, the Split AC started giving problems i.e. leaking of water from front and back side of the AC.  The contention of the complainant that the OP has failed in providing after sale service and repairing the AC despite making complaint is goes un-rebutted and unchallenged, as the OP has failed to put its appearance despite service of notice upon it.  As such, all the allegations levelled against the opposite party regarding selling of defective AC and not providing after sale service stand proved, which amounts to deficiency in service on the part of the opposite party in terms of Consumer Protection Act, 2019.

6.                Keeping in view the above facts and circumstances and the evidence brought on record by the complainant, we allow the complaint of the complainant and the opposite party is directed as under :-

(i)      To replace the AC of the complainant with new one free of costs.

(ii)     To pay Rs.2000/- as compensation on account of mental agony, physical harassment and hardship.

(iii)    To pay Rs.2,000/- for litigation expenses.

7.                Compliance of the order shall be made by the opposite party within 45 days from the date of this order, failing which the amount of sale consideration/invoice  value i.e. Rs. 41,000/- and the amounts at Sr. No.(ii) and (iii) shall carry interest @12%  per annum from the date of this order till actual payment.  However, complainant is also directed to hand over the old AC in question to the opposite party at the time of replacement of the same with new one.  The copy of this order be supplied to both the parties free of costs.  File be consigned to the record room, after due compliance.