Present      (1)   Sri Nisha Nath Ojha

                               District & Sessions Judge (Retd.)

                         President

                       (2) Sri Sheo Shankar Prasad Singh,

                             Member

         Date of Order- 02.03.2015

                                                   ORDER

 Nisha Nath Ojha

1. The complainants have sought following reliefs:-

1. To pay Rs. 39,500/-(Thirty nine thousand five hundred only) as price of the AC.
2. To Pay Rs. 60,000/-(Sixty thousand only) by way of suffered loss in last three month.
3. To pay Rs. 1,00,000/-( One lacs only) by way of compensation and suffered mental and physical harassment.

1. The complainant has made following averment and              submissions in his complaint petition:-

1. The complainant is a registered Homeopathic practitioner. He purchased a Hitachi AC spilt 1.5 ton along with Magno AC stab 5 KV bearing Memo No. BLR/July/345 dated 13.07.2009, from Aditya Vision Bailey Road Opp. Taramandal, Patna (Opposite party no.2) and  it was manufactured by the Opposite party No.1. The aforesaid AC has been installed by the Opposite party No.2 on the same day in the complainant’s aforesaid clinic. (Vide Annexure-1).    
2. The aforesaid AC set stopped smooth functioning since last week of March 2010. There is leakage of water from the AC set and is providing lesser cool since last week of March 2010 then the complainant lodged a complaint to Hitachi Service Centre, Kadam Kuan but in spite of four times attended by the service centre, the problem of the aforesaid AC has not been removed. The complaint lodged a complaint bearing complaint no. 093100500575 dated 22.05.10 before the Manager service operation, Hitachi Home & Life Solution (India) Ltd., A-15 Mohan Co-operative Industrial Estate Mathura Road, New Delhi but defect of the aforesaid Ac has not been removed during the warranty period. 
3. The complainant made verbal request to the retail dealer to change the aforesaid defective AC but he denied.
4. The complainant sent a legal notice to the Opposite parties but there is no response to solve the complainant’s problem till date. (Vide Annexure-2, 2/1 and 2/3)

Despite notices, the Opposite parties did not appear and then case has been heard exparte.

Heard the Learned Counsel for the complainant only and perused the record of this case.

It has been also asserted that within about 8 (Eight) months of purchase of AC Set i.e. on last week of March,2010 the aforesaid AC Set stopped smooth functioning and began to leakage of water and is providing lesser cool and despite several visits and requests the Opposite party no.2 and other Opposite parties did not remove the defect for which the complainant could not practice smoothly and has suffered loss, mental tensions and harassment.

As stated above, there is no counter version to the aforesaid assertion of the complaint because the Opposite parties have neither appeared nor filed written statement despite notice sent by registry post.

We , therefore find and hold that by not removing defects of the AC Set purchased by the complainant, the Opposite parties have committed deficiency of service

Accordingly We, direct the Opposite party No. 3 to repair the AC in question in such as way as to remove all defects within a period of two months from the date of receipt of this order and if thorough repair is not done then the Opposite party no.1 is directed to refund  Rs. 39,500/-(Thirty nine thousand five hundred only) being the price of the AC within a further period of two months and that too after the AC in question is returned to him         (Opposite party no.2) by the complainant failing which the Opposite party No.1 is bound to pay interest  @ 6% per annum  on the aforesaid price amount to the complainant till final payment is made.

We have narrated the relevant facts in the above paras to avoid any confusion with regard to circumstances of this case.

We further direct that after repair of the AC the Opposite party no.1 will also pay to the complainant Rs. 5,000/-(Five thousand only) by way of compensation for mental harassment as well as litigation cost and if the AC is not repaired then the aforesaid cost of Rs. 5,000/- (Five thousand) will be paid by the Opposite party no.1 within the period mentioned above. 

Thus the complaint petition is allowed to the extent referred above.

                  Member (F)                     Member                       President