Delhi

West Delhi

CC/15/383

SUMIT SEHGAL - Complainant(s)

Versus

HITACHI HOME - Opp.Party(s)

18 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO. 383/15

Sumit Sehgal

Flat  No. 202

(First Floor)

Block C-2C/Pocket-2 ,

Janak Puri,

New Delhi-110058                                                       ..…. Complainant

 

VERSUS

 

HITACHI HOME  AND LIFE SOLUTIONS

(INDIA) LTD.

 

Registered Office

9^th Floor , Abhijeet-1

Mithakali Six Road

Navrangpura

Ahmedabad-380006

Gujral (India)

 

Corporate Office

A-15, Mohan Co-operative

Industrial Estate

Mathura Raod,

New Delhi. 

 

Service Centre

34m (Ground Floor)

DLF Industrial Area,

Opposite Moti Nagar,

Najafgarh Road 

New Delhi

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The case of the complainant  had purchased  the refrigerator Model No.  HIT REF-R-VG440PND3K  (GBK) vide invoice  dated 20.06.2014 from  EP Electronic Paradise for Rs. 43,000/- .The Refrigerator  developed  manufacturing   defect because  its freezer compartment  used to open its own   at any time during the day or night, because the magnetic effect of the gasket  had lowered, resulting in spoiling  of essential items particularly  medicines . The matter was reported to OP for rectifying all the  defects but all in vain.  Hence the present complaint  with the  prayer  for replacement of the defective refrigerator alongwith free  warranty period  and compensation for harassment .

2.     OP-1 ,2 and 3 filed reply to the complainant denying the contents of the complaint but admitted that complainant had purchased the refrigerator  of OP. 

3.     Complainant has filed his affidavit affirming the facts alleged in the complaint.  On the other hand Shri Roopesh Jain, A/R of the Opposite Party filed affidavit in evidence on behalf of O.P testifying all the facts as stated in the written statement. Opposite Party filed its respective written submission. 

4.     During the course of argument, father of complainant, on 06.03.2019  submitted that he  had purchased the refrigerator  in June 2014  and new  refrigerator  was  replaced by OP on 03.09.2015 and that he prayed only for compensation  on account of harassment and mental agony. 

5.     We have considered the submissions made by complainant.  Needless to say that though the refrigerator was purchased  in June,2014 but  complaint was filed by complainant on 19.06.2015 and the new refrigerator  was given  to complainant on 03.09.2015 which means  within a  spell of about  3 months . The record of the case indicates that complainant suffered inconvenience on account of defective refrigerator  for over one year for which needs to be reasonably compensated.                                                                         

6.     In view of the discussion stated above and facts of the case we feel that ends of justice would be made if complainant  is awarded Rs. 25,00/-for mental  harassment and litigation expenses.  

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

 

Announced this_____18TH_ day of __March_____ 2019.

 

 

( K.S. MOHI )                                                     (PUNEET LAMBA)                    

  PRESIDENT                                                              MEMBER