Haryana

Kaithal

CC/91/2022

Durga Electronics - Complainant(s)

Versus

HAS Electronic - Opp.Party(s)

Sh.D.V Bhala

01 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL

 

                                                               Complaint Case No. 91 of 2022.

                                                               Date of institution:   18.04.2022.

                                                               Date of decision:      01.12.2023.

 

Durga Electronics, 1040, behind Children Park, Railway Gate, Kaithal, through its Proprietor Deepak Kumar s/o Shri Harish Kumar, r/o Dogran Gate, Kaithal.

 

                                                                                      …Complainant.

                                                       Versus

 

1. HAS Electronic, Patel Bazaar, behind Aggarwal School, Kaithal, through its Proprietor/Partner Anirudh Asija s/o Shri Harish Kumar, r/o Patel Bazaar, behind Aggarwal School, Kaithal.
2. Fujitsu General Pvt. India, office of Prestiage Comsmopolition No.36, 8^th Floor, Sadar Patel Road, Gundy Chennai, through its Branch Manager/Managing Director.

...Opposite Parties

 

          Complaint under Section 35 of the Consumer Protection Act, 2019

 

CORAM:   SMT. NEELAM KASHYAP, PRESIDENT.

                   SMT. SUMAN RANA, MEMBER.

                   SHRI SUNIL MOHAN TRIKHA, MEMBER.

                  

Present:       Shri D.V. Bhola, Advocate, for the complainant.   

                   Shri Vikram Tiwari, Advocate for the Opposite Parties.

                  

ORDER  -  NEELAM KASHYAP, PRESIDENT

        Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the OPs.

2.                In nutshell, the facts of present case are that the complainant purchased two O-general SAC 1.5 ton inverter AC, vide Tax Invoice dated 07.5.2021 for a sum of Rs.98,000/- from OP No.1, which were installed, by the representative of OPs, at his house. That soon after purchased of said AC was not giving cooling in the room and on 02.07.2021, he lodged online complaint with OPs and technician visited his premises and tight the screw of the AC. Thereafter, he noticed that the AC was giving hot air instead of cooling and on 21.07.2021, he lodged online complaint, upon which technician of OP visited the filled up the gas in the AC. In the month of March 2022, he again noticed that cooling system of AC was not working properly and on 20.03.2022 he lodged online complaint and on 23.03.2022, the technical team of OP visited his residence, who checked the AC and went away, but to no avail. On 29.03.2022, he again lodged online complaint on call centre No.18602081007, upon which, technical team of OPs visited his premises and after checking the AC told that there is hole in the compressor of AC and assured that they will change the appliance soon, but from that date, till today, he approached the Ops many times in this regard, but all in vain. The above act and conduct of OPs, amounts to gross deficiency in service, due to which, he suffered huge physical harassment, mental agony as well as financial loss, constraining him, to file the present complaint, against the OPs, before this Commission.

3.             Upon notice, the OPs appeared before this Commission and filed written statement, stating therein that the complainant approached OPs on 20.03.2022 and reported gas leakage issue in the unit, upon which, service engineer of OPs visited the premises of complainant and duly checked the unit vide job sheet No.CHA120032200150 & CHA120032200151 and found that flair nut of the gas pipe is damaged/tempered, due to that, gas of AC has been leaked and same is required to be filled up. It is pertinent to mention here that tempering/damage of flair nut is not covered under the warranty, so paid repair was offered to the complainant, but he refused to pay the repair charges. After that, he again approached to OPs on 29.03.2022 and requested for free repair to officials of OPs and accordingly, engineer of OPs visited the premises of complainant and created a job sheet No.CHA120032200361 and in order to repair the flair nut, took the unit at the workshop of OPs and after repair, the engineer contacted the complainant and asked for installation of unit, but the complainant refused to get the unit installed and started replacement/refund for the unit and the repaired unit is lying with the service center. After that Sales Head, Rajnish Parmar personally visited to the complainant on 04.04.2022 and requested to allow to install the unit, but he flatly refused and demanded replacement/refund. The OPs was and is always ready to install the unit, so there is no deficiency in services.

4.                To prove the case, complainant tendered into evidence affidavit Ex.CW1 alongwith documents Annexure-C1 to Annexure-C4.

5.                On the other hand, OPs tendered into evidence affidavit Ex.RW1/A along with documents Annexure R-1 to Annexure R-3.

6.                We have heard the learned counsel for the parties and perused the record carefully.

7.                Ld. counsel for the complainant has argued that the complainant purchased two O-general SAC 1.5 ton inverter AC, vide Tax Invoice dated 07.5.2021 for a sum of Rs.98,000/- from OP No.1 along with CGST 14%, which was installed by the representative of OPs. He further argued that soon after purchased of said AC was not giving cooling in the room and on 02.07.2021, the complainant lodged online complaint with OPs and technician visited his premises and tight the screw of the AC. Thereafter, the complainant noticed that the AC was giving hot air instead of cooling and on 21.07.2021, the complainant again lodged online complaint, upon which, technician of OP visited the filled up the gas in the AC. He further argued that in the month of March 2022, the complainant again noticed that cooling system of AC was not working properly and on 20.03.2022 he lodged online complaint and on 23.03.2022, the technical team of OP visited his residence, who checked the AC and went away, but to no avail. On 29.03.2022, the complainant again lodged online complaint on call centre No.18602081007, upon which, technical team of OPs visited his premises and after checking the AC told that there is hole in the compressor of AC and assured that they will change the appliance soon, but from that date, till today, the complainant approached the OPs many times in this regard, but all in vain.

8.                On the other hand, ld. counsel for OPs argued that the complainant approached OPs on 20.03.2022 and reported gas leakage issue in the unit, upon which, service engineer of OPs visited the premises of complainant and duly checked the unit vide job sheet No.CHA120032200150 & CHA120032200151 and found that flair nut of the gas pipe is damaged/tempered, due to that, gas of AC has been leaked and same is required to be filled up. It is pertinent to mention here that tempering/damage of flair nut is not covered under the warranty, so paid repair was offered to the complainant, but he refused to pay the repair charges. After that, he again approached to OPs on 29.03.2022 and requested for free repair to officials of OPs and accordingly, engineer of OPs visited the premises of complainant and created a job sheet No.CHA120032200361 and in order to repair the flair nut, took the unit at the workshop of OPs and after repair, the engineer contacted the complainant and asked for installation of unit, but the complainant refused to get the unit installed and started replacement/refund for the unit and the repaired unit is lying with the service center. After that Sales Head, Rajnish Parmar personally visited to the complainant on 04.04.2022 and requested to allow to install the unit, but he flatly refused and demanded replacement/refund. The  OPs was and is always ready to install the unit, so there is no deficiency in services.

9.                There is no dispute between the parties that on 07.5.2021, the complainant purchased two O General AC from OP No.1 vide invoice Annexure C-1.

10.              The grievance of the complainant is that soon after purchased of said AC was not giving cooling in the room and then firstly on 02.07.2021, he lodged a complaint with the OPs vide complaint No.CHA12107210005 Annexure C-2 and technician visited his premises and tight the screw of the AC.

11.              The complainant further contended that he noticed that the AC was giving hot air instead of cooling and on 21.07.2021, he lodged online complaint, upon which technician of OP visited and filled up the gas in the AC.

12.              In the month of March 2022, the complainant again noticed that cooling system of AC was not working properly and on 20.03.2022 he lodged online complaint and on 23.03.2022, the technical team of OP visited his residence, who checked the AC and went away, but to no avail.

13.              On 29.03.2022, the complainant again lodged online complaint on call centre No.18602081007, upon which, technical team of OPs visited his premises and after checking the AC told that there is hole in the compressor of AC and assured that they will change the appliance soon, but from that date, till today, he approached the Ops many times in this regard, but all in vain. Complainant produced above various complaint made by him through mobile phone as Annexure C-3 on the case file.

14.              On the other hand, the OPs admitted about approaching by the complainant to them on 20.03.2022 with gas leakage issue in the unit, upon which, their service engineer visited the premises of complainant and found that flair nut of the gas pipe is damaged/tempered, due to that, gas of AC has been leaked and same is required to be filled up. The OPs further contended that after that, the complainant again approached to OPs on 29.03.2022 and requested for free repair to officials of OPs and accordingly, engineer of OPs visited the premises of complainant and created a job sheet No.CHA120032200361 and in order to repair the flair nut, took the unit at the workshop of OPs and after repair, the engineer contacted the complainant and asked for installation of unit, but the complainant refused to get the unit installed and started replacement/refund for the unit and the repaired unit is lying with the service center. But it is pertinent to mention here that OPs failed to produce any documentary evidence on the case file, vide which, it can be proved that they rectified the defect of the AC in question to the satisfaction of the complainant. Further the OPs also did not produce any affidavit/expert report of said technician/engineer on the case file who checked/rectified the defect of the AC in question, rather they simply contended that the flair nut of the gas pipe is damaged/tempered, which is not covered under the warranty. The above very casual approach of the OPs towards its customer, amounts to gross deficiency in their service, as such, the OPs not only liable to replace the AC in question, but also liable to pay the compensation amount along with litigation expenses to the complainant, due to which, he suffered huge mental agony and physical harassment and left with no other option to knock the door of this Commission by way of filing the present complaint.

15.              In view of our above discussion, we accept the present complaint and direct the OPs to replace the AC in question, with new one of the same model, subject matter of Invoice Annexure C-1, to the complainant, subject to return of old AC in question, by the complainant to the OPs. In case, OPs is not in position to replace the AC in question of the same model/design, then it will refund the cost price of the AC amounting Rs.47,500/-, to the complainant. The OP No.2 is also directed to pay Rs.5,000/- to the complainant, as compensation along with litigation expenses of Rs.5000/-. The OPs are further directed to make the compliance of this order within a period of 45 days from the date of preparation of certified copy of this order, failing which, the award amount of Rs.47,500/- shall carry the interest @6% simple per annum, from the date of this order, till its actual realization.

16.              In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of Court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the records, after due compliance.     

Announced in open Commission:

Dt.:01.12.2023.

                                                                                       (Neelam Kashyap)

                                                                                       President.

 

(Sunil Mohan Trikha).             (Suman Rana).              

Member.                                  Member.

 

 

Typed by: Sham Kalra, Stenographer.