DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.118 of 16
DATE OF INSTITUTION: - 02.06.2016
DATE OF ORDER: -13.12.2016
Ombir son of Shri Kaptan Ravinder Singh, resident of VPO Tigrana, Tehsil & District Bhiwani.
……………Complainant.
VERSUS
- Electronic Point (Deepak Electronics), (Through its authorized representative) Near Ch. Bansi Lal Ki Kothi, Hansi Road, Bhiwani.
- Wadhwa Refrigerator (Service Centre of Hitachi Company) Sabji Mandi Chowk, Krishna Colony, Bhiwani.
- Hitachi Complex, (Through its authorized representative) Kazan Nagar, Kadi, District Mehsana (Gujrat).
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Mrs. Sudesh, Member
Present:- Sh. Johnpal Singh, Advocate for complainant.
Ops are exparte.
ORDER:-
Rajesh Jindal, President:
Brief facts of the present complaint are that on dated 29.05.2015 he had purchased a Split Air Conditioner 1.5 Ton of Hitachi Company Model No. RAV318HUD from the OP no. 1 amounting to Rs. 32,000/- with one year warranty, except this complainant purchased a stabilizer and a bill No. 168 dated 29.05.2015 was issued in the name of complainant. It is alleged that the A.C. run upto one season and when in the month of April 2016 the complainant tried to start the AC but it was not started. It is alleged that he informed to the service centre of the company but no action was taken by the Ops no. 1 & 2. It is alleged that the complainant many a time has been visited in the shop of Ops no. 1 & 2 and also informed to OP no. 3 about his grievances but the Ops have not taken any step in this regard. The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental & physical harassment. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for seeking compensation and replace the above AC with new one.
2. OPs no. 1 to 3 have failed to come present. Hence they were proceeded against exparte vide order dated 26.08.2016.
3. We have heard the counsel for the complainant and perused the record carefully.
4. Counsel for the complainant has tendered into evidence affidavit Annexure Mark A and documents Annexure C-1 to C-3.
5. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the AC in question was purchased by the complainant from OP no. 1 on 29.05.2015. The said AC worked only for one season and in the next season the AC could not started. The service centre of the company was informed but the OP no. 2 did not repair the AC of the complainant. The complainant also made his complaint on toll free number of the company/OP no. 3. A legal notice was also served on the Ops by registered post.
6. In the light of the pleadings and arguments of the counsel for the complainant, we have examined the material on record. The complainant has produced the bill Annexure C-1, legal notice Annexure C-2 and postal receipt Annexure C-3. The Ops did not bother to appear and contest the case of the complainant. Considering the facts of the case, we partly allow the complaint of the complainant and direct the Ops to rectify the defects of the AC of the complainant and also to pay Rs. 1500/- as a lumpsum compensation. The complainant is also directed to approach the service centre of the company for the repair of his AC in compliance of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 13.12.2016.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Sudesh)
Member
