DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

S. Sukhdev Singh s/o late S. Bachan Singh, Village – Nabha, NAC, Zirakpur, District Mohali, Punjab.

                                      ---Complainant.

Versus

1.                 Hitachi Home & Life Solutions (India) Ltd., Hitachi Complex, Karan Nagar, Kadi, District Mehsana, Gujarat – 382727 through its Managing Director;

2.                 The Manager, Service Operations, Hitachi Home & Life Solutions (India) Ltd., 9^th Floor, Abhijet-1, Mithakhali Six Roads, Navrangpura, Ahmedabad, Gujarat – 38006.

3.                 M/s Gupta Electric Co., having its office at S.C.O. No.1117, Sector 22-B, Chandigarh through its proprietor.

---Opposite Parties.

BEFORE:  SHRI RAJINDER SINGH GILL   PRESIDING MEMBER

                   SMT. MADHU MUTNEJA             MEMBER

Argued by:  Sh. Naginder Singh Vashisht,  Counsel for the complainant.

                        Opposite parties ex-parte.

PER MADHU MUTNEJA, MEMBER

1.                           The complainant had purchased two air conditioners – one split and one window – from opposite party No.3 for a total sum of Rs.64,390/- vide invoice (C-1).  The air conditioners, though purchased on 25.6.2012, were installed by the opposite parties on 2.7.2012. The complainant has stated that the window air conditioner stopped working on 24.7.2012.  He accordingly lodged a complaint with the customer care of the opposite parties.   The engineers of the opposite parties visited his residence to check the faulty air conditioner. While checking the air conditioner, the engineer broke the water drainage tray.  It was also found that carbon had gathered on the control panel.  The complainant has alleged that collection of carbon on the control panel after usage of 22 days surely points that there was some manufacturing defect in the air conditioner which the engineer tried to conceal.  Thereafter, no one came to repair or change the faulty panel.  The complainant contacted the representatives of the opposite parties a number of times to redress his grievance but no action was taken by them.  The complainant also sent a legal notice dated 22.8.2012 (C-4) to the opposite parties for the redressal of his grievance, but no action was taken thereon.  Alleging that the air conditioner sold to him is an old one, which amounts to deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has filed the present complaint and prayed for refund of the price of the air conditioner alongwith interest, VAT charges, carriage and installation charges as well as compensation for mental harassment. 

2.                           Notice of the complaint was issued to the opposite parties.

3.                           Initially Sh. Neeraj Kaushal, Customer Relationship Officer appeared on behalf of opposite parties No.1 & 2 and the case was adjourned to various dates for filing reply and evidence.  However, on 1.3.2013, neither the reply and evidence was filed, nor anybody appeared on behalf of opposite parties No.1 & 2, therefore they were proceeded against exparte. 

4.                           None appeared on behalf of opposite party No.3, despite due service.  Hence it was proceeded against exparte vide order dated 21.11.2012.

5.                           We have heard the ld. Counsel for the complainant and have gone through the documents on record.

6.                           The complainant is aggrieved because one of the air conditioners purchased by him has not been working and despite efforts made by the complainant to get it rectified from the opposite parties, the defect still remains.  The complainant has prayed for refund of the amount paid besides interest and compensation. 

7.                           Finding merit in the complaint, we allow the same and direct the opposite parties to refund the invoice price of the window air conditioner i.e. Rs.27,690/- to the complainant.  The opposite parties shall also pay Rs.5,000/- as compensation for mental agony and harassment and Rs.5,000/- as litigation costs to the complainant.

8.                           This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the amount of Rs.27,690/- shall carry interest @ 9% from the date of this order till actual payment besides payment of amount of compensation and litigation costs.

9.                           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

15.3.2013.

Sd/-

(RAJINDER SINGH GILL)

PRESIDING MEMBER

Sd/-

 (MADHU MUTNEJA)

MEMBER