Haryana

Bhiwani

CC/102/2021

Sanjay Bansal - Complainant(s)

Versus

Electronic Point - Opp.Party(s)

Rajbala

24 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                  Consumer Complaint No. : 102 of 2021

                  Date of Institution             : 21.05.2021

                                                           Date of Decision               : 24.01.2024

 

Sanjeev Bansal son of Sh. Uggersain Bansal, R/o H.No.164, Vijay Nagar, Bhiwani, Tehsil and District Bhiwani-127021.

          ……Complainant.

 

Versus

 

1. Electronic Point, Near Ch. Bansi Lal Ki Kothi, Hansi Gate, Bhiwani, Haryana-127021 through its proprietor Deepak Kumar.

 

2. Johnson Controls HITACHI Air Conditioning India Ltd., 905-908, 9^th Floor, JMD, Regant Square Block K DLF City Phase-2 (MG Road), Gurugram, Haryana through its authorized person/director.

 

….. Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Ms. Rajbala Khyalia, Advocate for complainant.

                    OPs exparte.

 

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant purchased a Split Invertor AC Model RS0318HBEAG of HITACHI company from OP No.1 on 25.05.2020 in a sum of Rs.44,000/- which include Rs.3000/- as cost of stabilizer, manufactured by OP No.2.  The AC was got installed at the residence of complainant by OP No.1. Complainant alleged that the AC was having a bad smell which was not bearable and the problem was brought into notice of the mechanic of OP No.1. Upon which, person of OPs visited the spot and tried to rectify the problem but it was as such.  They brought into notice of complainant that OPs have sold him old model which is clear from label affixed upon the AC outlet where label period has been shown effective from 01.01.2018 to 31.12.2019.  Complainant has alleged that the AC was not working since the date of its installation and the OPs failed to remove the defect of the AC besides repeated complaints and requests. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of OPs thereby monetary loss as well as mental and physical harassment to the complainant.  Thus complainant has prayed for issuing directions to the OPs to supply new AC of same cost and newly manufactured model alongwith warranty  or to refund a sum of Rs.44,000/- alongwith interest @ 18% per annum from the date of purchase of the AC till payment. Further, to pay Rs.1.00 lac towards harassment and Rs.22,000/- as litigation expenses.

2.                 Notices were issued to the OPs but they did not bother to appear, as such, they were proceeded against as exparte vide order dated 13.09.2022.

3.                 In exparte evidence of complainant, his affidavit Ex. CW1/A alongwith documents as Ex.C-1 & Ex. C-2 were tendered and closed the evidence.

4.                 We have heard learned counsel for complainant and perused the record minutely.

5.                 At the outset, Ex. C-1 & Ex. C-2 reveals that the complainant had purchased the alleged AC from the OP in a sum of Rs.44,000/-.  Ex. C-1 further reveals that label period on the AC was from 01.01.2018 to 31.12.2019 but the AC was sold to the complainant on 25.05.2020. Meaning thereby that the AC was outdated and probably thus was having the alleged problems. To strengthen his case, complainant has filed his duly sworn affidavit Ex. CW1/A which corroborates the version of complaint.  In view of the documents referred above as well as the fact that OPs did not defend their case as they remained exparte from the proceedings despite issuance of notices.  In such a situation, we have no option except to believe the version of complainant. Accordingly, we are of the view that the OPs were negligent, deficient in providing proper services to the complainant as well as has adopted unfair trade practice which dragged the complainant into this unwarranted litigation. Thus complainant must have suffered monetary loss as well as mental and physical harassment.  Accordingly, the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.44,000/- (Rs. Forty four thousand) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization subject to return of the AC in question alongwith stabilizer by complainant.

(ii)      To pay a sum of Rs.5,000/- (Five thousand) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                                                           

                    In case of default, the OPs shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. The complaint is allowed accordingly.  If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.  

Announced.

Dated:24.01.2024.

 

                              (Shashi Kiran Panwar)              (Saroj Bala Bohra)

                                                   Member                 Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani