Present         (1)    Sri Nisha Nath Ojha,

                              District & Sessions Judge (Retd.)

                              President

                    (2)     Sri Sheo Shankar Prasad Singh,

Member

                                        (3)     Smt. Karishma Mandal,

                                                  Member

                    Date of Order- 09.07.2015       

ORDER

 Smt. Karishma Mandal

1. The complainant has knocked the doors of the Forum for directing the Opposite parties :-

1. To refund the full prices of the said air-conditioner paid at the time of purchase with interest @ 18 % per annum from the dated 01.06.2012 till full and final payment of such amount.
2. To pay the amount of Rs. 50,000.00(Fifty thousand only) as compensation.
3. To pay in total of Rs. 10,000/-(Ten thousand only) as litigation cost.

2. The complainants have asserted following facts in this complaint petition:-                                      

1. The complainant purchased a new Hitachi Air Conditioner split for domestic use on 01.06.12 from M/s Aditya Vision, Bailey Road, Patna (Opposite party no.2) (Annexure-1) and the same was installed and located by the technician of the Opposite party no.2.
2. The said Air Conditioner was operated according to the instruction given by the staff of the Opposite party no.2.
3. It is relevant to mention here that at the time of purchase, the complainant was informed that there is one year warranty on the parts of the said Air Conditioner and five year warranty on the compressor of said Air Conditioner from the date of purchase and the documents connecting the conditions of warranty was delivered after purchase of the said AIR CONDITIONER (Annexure-2).
4. The complainant found that the said AIR CONDITIONER did not functioning properly and satisfactorily so the complainant lodged the complaint with the Opposite party no.1 and requested him to rectify the defect developed in the said Air Conditioner. The complainant was informed that the complaint has been instituted and the complaint /request number is 12080601057 and he was assured that within 48 hours, the grievance of the complainant shall be redressed but it is very much unfortunate here that the same grievance of the complainant has not been redressal during such period.
5. The complainant again dialed the number of customer care on 29.08.12 and requested to take effective step his own level but except giving assurance no step has been taken to redress the grievance of the complainant. The complainant approached the Opposite party no.2 and requested the Manager M/s Aditya Vision to take appropriate step from his own level so that the defect developed in the Air Conditioner is to be removed but he totally ignored the request made by the complainant.
6. On 21.09.12 the customer care sent the e-mail to the complainant. (Annexure-3) 

From judicial record that when despite registered notice there was no reply from opposite parties.

Then dated 11.09.2013 the service of the notice was treated valid and thereafter the opposite parties were directed to file written statement in this case.

After allowing several opportunities to the opposite parties when opposite parties did not appeared then vide order dated 12.01.2015 this forum directed to hear the case ex – parte and thereafter on 13.05.2015 the petitioner counsel was only heard.

It is the case of the complainant that vide annexure – 1 he has purchased Hitachi Air Conditioner ( Split ) for domestic use on 12.01.2012 from the opposite party no. 1 that is manufacturer. It is asserted by the complainant that the said Air Conditioner was installed and was operated by the complainant as instructed by the staff of opposite party no. 2. At the time of purchase of the aforesaid Air Conditioner complainant was informed that 1 One year warranty on the parts of the Air Conditioner while 5 five years warranty for the compressor as will appear from annexure – 2.

It is alleged that since the date of installation Air Conditioner did not functioned properly and opposite parties were requested several times for rectification of Air Conditioner in this regard as per advised by the opposite party no. 2. Complaint was also instituted on 12080601057. It is alleged that despite assurance by the opposite party no. 2 no rectification was done as will also appear from annexure – 3.

As stated above there is no counter version of the aforesaid statement ( facts ) asserted by the complainant on oath because the opposite parties never appeared.

In view of the aforesaid facts We have no option but to rely on statement of complainant. The fact of which clearly proves deficiency of the service on part of opposite parties.

We therefore direct the opposite parties jointly and severally to refund the full price of aforesaid Air Conditioner which is mentioned in annexure – 1, i.e. 42,000/- ( Rs. Fourty two Thousand only ) with interest @ 9% per annum from 10.10.2012, date on which complaint was filed, within a period of two months from the date of receipt of this order failing which the interest rate will be 12% ( twelve ) per annum till its final payment prior to that complainant will have to return the old Air Conditioner.

The opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) by the way of compensation for mental agony and harassment to the complainant within the aforesaid period of two months.

Accordingly, this case stands allowed to the extent indicated above.

Member (F)                          Member                      President