Haryana

Ambala

CC/309/2017

Baikunth Nath - Complainant(s)

Versus

Friends Refrigeration - Opp.Party(s)

In Person

02 Jan 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        :  309 of 2017

                                                          Date of Institution         :  01.09.2017                                                            

                                                                    Date of decision   :    02.01.2018

 

Baikunth Nath son of late Shri Lajja Ram resident of 20, Vikas Vihar, Ambala City.

……. Complainant.

Vs.

 

1.       Friends  Refrigeration (Hitachi Authorized Service Centre) Opp. Peer Baba Dargah, Bal Bhawan Road, Nr. Aerovision  Showroom, Ambala City through  Prop/Partner Som Nath.

2.       Johnsons Controls –Hitachi Air Conditioning India Ltd (Formerly known as Hitachi Home & Life Solutions (India) Ltd) 9^th Floor Abhijeer Mithakhli Six Roads, Ahmadabad-380006 through its Chairman/MD/Competent Authority.

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                           

 

 

Present:       Complainant in person.

                   OPs already ex parte v.o.d.25.10.2017.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the Hitachi Air Conditioner of complainant stopped working on 26.06.2017 and the opposite party no.1 being authorized service provider of opposite party no.2 was approached by complainant for repair and technician of Opposite party no. 1 visited and checked the machine and told complainant that its PCB got burnt and requires replacement. The PCB contains a fuse in order to save PCB from electric fluctuations and as a matter of fact the fuse was burnt and PCB was working as on putting a temporary fuse, the machine started working but technician in consultation with OP No.1 Som Nath telephonically told the complainant that PCB is faulty and the same will keep on troubling and further told the price of PCB at Rs. 2500/- and  in case defective PCB is returned to Opposite Party no.1, the complainant will be charged at Rs. 1800/-. On acting on advice, the complainant opted to return PCB (which was actually in working condition and only fuse was required to be replaced) to opposite party no.1 and paid a sum of Rs.1800/-vide receipt no.255/26.06.2017. Again on 04.07.2017 the machine stopped working and this time a complaint  was lodged on Customer care centre of respondent no.2 vide call no. 17070400812, on which OP No.2 transferred complaint to OP No.1. This time also, technician of OP No. 1 attended the complaint and found PCB is not working and again after replacing the same, charged a sum of RS. 1800/- vide receipt no.185 dated 04.07.2017. This time the defective part was retained by complainant but surprisingly the OP No. 1 never insisted to charge a sum of Rs. 2500/- for retaining defective part by complainant for the simple reason that PCB was actually burnt and OP No.1 despite knowing well that equipment i.e. PCB is required to replaced free of cost being in guarantee/warrantee period but still preferred to charge Rs. 1800/- which is not only unauthorized but illegal also. The visiting charges fixed by Opposite party no.2  is Rs. 500/-and had the OP No. 1 acted principally & honestly the cost of putting machine in working condition would have been Rs. 500/- or 510/- including cost of fuse but the OP No.1 took Rs. 1800/- and that too two times dishonestly besides taking away working PCB to be sold further. In this way, the complainant has suffered a financial loss and mental harassment. Hence, the present complaint.

2.                Registered notices issued to Ops  but none have turned up on their behalf and OPs were proceeded against exparte v.o.d. 25.10.2017.

3.                To prove his version complainant tendered his affidavit as Annexure C-A with documents as annexure C-1 to C-4 and close his evidence..

4.                We have heard learned counsel of the complainant and carefully gone through the case file.   

5.                It is proved on the file that the complainant had paid the amount of Rs. 1800/- for replacing the defected PCB on 26.06.2017 as per the Annexure C-1 but in very short period the replaced  PCB again become defective on 04.07.2017. As per Annexure C-2 the complainant had to paid Rs.1800/- again. The version of the complainant is that the authorized service center can only charged Rs. 500/- for activating the PCB but OP has charged the Rs. 3,600/- twice. The complainant also send E-mail as Annexure C-3 to the OP no.2 (manufacturer) Hitachi Air conditioner India Pvt Ltd. The OP No.2 has also sent  reply through E-mail vide Annexure C-4 but they have not given the specific reply as to why amount were charged twice for the same product i.e. PCB which went again out  of order within short period of its  replacing. The relevant portion of the reply of E-mail send by complainant to OP.

“We regret for the inconvenience caused   to you with regards to the complaint for your Hitachi Product. The field team from concern service center shall attend and resolve your compliant shortly”.

 The OPs have failed to sort out the grievances regarding charging of the amount twice for the same product as mentioned in the E-mail Annexure C-3. In this case OPs have proceeded against ex-parte, therefore, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant. We are of the view, OPs are indulged in an illegal trade practice and also deficient in providing after sale service to the complainant.

6.                     In view of above discussion, the present complaint is deserved to be accepted and same is hereby allowed with cost and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To refund the amount of Rs. 3,100/- with interest @ 9% from the date of filing of complaint till its realization.

(ii)     Also to pay a sum of Rs.2000/- on account of cost of proceedings as assessed above.

                   Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :    02.01.2018

 

 

 

                                                                                               

(PUSHPENDER KUMAR)        (ANAMIKA GUPTA)           (D.N. ARORA)

    Member                                         Member                                  President