Delhi

East Delhi

CC/593/2015

MITHLESH KR - Complainant(s)

Versus

HAZRAT VISION - Opp.Party(s)

17 Nov 2016

ORDER

                DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.          593/ 2015

                                                                                                  Date of Institution                  12/08/2015

                                                                                                  Order Reserved on                 17/11/2016

                                                                                                  Date of Order                          21/11/2016   

                                                                                                        

In matter of

Mr. Mithlesh Kumar Misra , adult 

S/o Sh Pradyuman Kumar Misra

R/o 23,First Floor, J&K Block

Laxmi Nagar, Delhi 110092……………….……..…………….Complainant

                                                                  

                                                                     Vs

 

1-M/s Hazrat Vision

19-20, Lalita Park Laxmi Nagar

Main Vikas Marg  Delhi 110092

 

2-M/s Adonis Electronics Pvt Ltd.

84, Defense Enclave, Delhi 110092

 

3-M/s Mirc Electronics Ltd ( As Onida)

Onida House, H1 MIDC

Mahakali Caves Road,

Andheri East, Mumbai 400093……………….………………………  Opponents

 

Complainant……………………………………Puneet Tandon  

Opponent 1 ……....……………………………Nemo

Opponent 2&3…………………………………Ashutosh Lal

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari              Member                                                                                                   

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case                    

 

Complainant purchased ONIDA split Ac vide product code AC-S 18SMT7N,for a sum of Rs 40,500/- from OP1 on 20/04/2015. The said Ac was financed by Bajaj Finance Ltd for monthly EMI of Rs 5063/- per month for 8 months marked here as CW1/1. The said AC developed swing problem after three months and complainant lodged complaint to OP2 vide job sheet dated 30/07/2015 noted problem as “Swing Motor Dead”. The attending mechanic could not rectify the defect. Complainant stated that he could not utilize the services of the AC in the month of summer season. None-rectifying the problem by OP2, when AC was under standard warranty of one year, amount to grave deficiency of services by OP2, who was an authorized service centre of OP 3. So, complainant filed this complaint claiming refund of the cost of the AC Rs 40,500/- with Rs 70,000/-compensation for harassment and mental agony. He also claimed Rs 45,000/-litigation charges.

Notices were served. OP2 & 3 jointly submitted their written statement. OP1 did not submit its written statement and evidence. OP3 admitted that the said AC was purchased from OP1 and was under warranty up to 19/04/2016. OP stated that swing motor was not properly adjusted due to electricity fluctuations. The swing motor was adjusted and AC was functioning well as marked RW1/1 and the same problem was again rectified marked as RW1/2. When third time same problem occurred, service engineer went to replace the swing motor, but complainant refused and did not allow engineer to work as marked here RW1/3.  OP also stated that the swing machine developed some problem does not mean that the whole AC had manufacturing defect. So, the complaint was false and to be dismissed.  Complainant filed rejoinder and evidences on affidavit and OP also submitted their evidences on affidavit which were on record.

Arguments were heard and order was reserved.

We have perused all the facts and evidences filed by complainant and evidence by OP on affidavit. It was evident that the said AC was purchased on 20/04/2014 and within one month of its working, swing machine developed problems. It was also admitted by OP3 that the said swing machine developed defects within standard warranty which was due to electricity fluctuations and needed adjustment. Despite of lodging complaints, defects were not rectified fully. It was also seen that the complainant had to remain without AC utility in summer season. We have also gone through the 3^rd job sheet marked as RW1/3 dated 21/07/2015 with remark as “No response by customer, so call cancelled”. It was observed that all the three job sheets were prepared at the same time with same handwriting and no where sign. were taken from complainant. It was also evident that complaint was attended at the same time in all three job sheets by service engineer, which itself looks doubtful.       

Hence, we come to the conclusion that complainant has proved deficiency in services against OP 2 and 3. As OP1 was a seller, so there were no allegations against him.  

We allow this complaint and pass the following order—

1. OP 2 will provide prompt service to rectify defect by replacing new swing machine within 30 days from receiving of this order and hand over AC in good working condition to complainant, in time essence.
2. OP3 shall give extended warranty of 06 months from the date of handing over defect free machine to complainant.

 

1. If failed to comply the order, OP 2 & 3 shall refund the cost of AC sum of Rs 40,500/- with 6 % interest from the date of filing of complaint, till realized.
2. We also award compensation of a sum of Rs 7500/-as cost of harassment caused to complainant due to improper service by OP2. This award will include the cost of litigation also.

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs Harpreet Kaur                                                                                  (Dr) P N Tiwari

            Member                                                                                             Member                                                                                    

                                                 Shri Sukhdev Singh

                                                             President