Haryana

Kaithal

CC/204/2022

Aman Kohli - Complainant(s)

Versus

Hitachi India Private Ldt. etc. - Opp.Party(s)

Sh Sushil Sharma

07 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL

 

                                                               Complaint Case No.           204 of 2022.

                                                               Date of institution:             22.08.2022.

                                                               Date of decision:       07.12.2023.

 

Aman Kohli s/o Shri V.K. Kohli, r/o H.No.1297, Sector-18, HUDA, Kaithal.

 

                                                                                      …Complainant.

                                                   Versus

 

1. Hitachi India Pvt. Ltd., Tower-B, World Mark 1, Aerocity, New Delhi-110037.
2. Johnson Controls Hitachi-Air Conditioning India Ltd., 903-904, Abhijeet -1, Mithakhalli Six Cross Road, Navrangpura, Ahmedabad, Gujarat-380009.
3. Hitachi Complex, Karan Nagar Kadi, Distt. Mehsana-384 440, Gujarat.
4. Surya Trading Company, near IG School, Dhand Road, Kaithal.

 

...Opposite Parties

 

          Complaint under Section 35 of the Consumer Protection Act

 

CORAM:   SMT. NEELAM KASHYAP, PRESIDENT.

                   SMT. SUMAN RANA, MEMBER.

                   SHRI SUNIL MOHAN TRIKHA, MEMBER.

                  

Present:       Shri Sushil Sharma, Advocate, for the complainant.   

                    Shri Vikram Tiwari, Advocate for Opposite Parties No.1 to 3.

                   Opposite Party No.4 ex-parte.

                  

ORDER – NEELAM KASHYAP, PRESIDENT.

        Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the OPs.

2.                In nutshell, the facts of present case are that the complainant had purchased one Split Air Conditioner model SAC INV 1.0 TN RAPG311HEEASHIZEN from OP No.4 for Rs.30,000/-. That on 09.04.2022, the said Air Conditioner was not working, so he made various complaints at Hitachi Consumer Care App vide request Nos.22040900035, 22041006295, 22042603035 and 22042603323, but inspite of that, nobody visited his house. Then, he made various calls on toll free No.07971414848 but all in vain and lastly, on 27.04.2022, authorized engineer of OPs visited his house, who told that AC has some manufacturing defect and it needed to be replaced completely, but OPs did not replace the same. Again on 02.05.2022, he registered two complaints on Hitachi Consumer Care App vide request No.22050207559 and 2250207869, but to no use. On 27.05.2022, he received a telephonic call from Hitachi that his AC would be replaced shortly, but after more than 3 months of registering the complaints, his AC is lying useless. Thereafter, he approached the OPs various times for replacement of AC, but they did not pay any need to his repeated requests, which amounts to gross deficiency in service, on the part of OPs, due to which, he suffered huge physical harassment, mental agony as well as financial loss, constraining him, to file the present complaint, against the OPs, before this Commission.

3.             Upon notice, OPs No.1 to 3 appeared before this Commission and filed its written statement, whereas, OP No.4 failed to appear before this Commission, on the date fixed i.e. 14.10.2022, despite receipt of notice of this Commission, as such, OP No.4 was proceeded against ex-parte, on that date, by this Commission.

4.                OPs No.1 to 3, in their written statement admitted about purchasing the AC in question by the complainant from them for Rs.30,000/-. It is further stated that said products carries a warranty for a period of one year and a period of five years for the compressor. As per warranty policy, if there will be any issue problem with the said product then the company shall repair the same free of costs. However, in case of damage to the product OR if any of the terms and conditions of the warranty policy is violated OR the warranty period is expired, then the warranty policy shall be void and the product shall be repaired on a chargeable basis, to be paid by the customer. The complainant approached the OPs with issue to the said product, the technician of the OPs duly addressed the issue and resolved the same. Hence, the present complaint should be dismissed with costs.

5.                To prove the case, complainant tendered into evidence affidavit Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C4, Mark-X, Mark-Y and Mark-Z.

6.                On the other hand, OPs No.1 to 3 tendered into evidence affidavit Ex.RW1A and document Annexure R-1.

7.                We have heard the learned counsel for the parties and perused the record carefully.

8.                Learned counsel for the complainant has argued that the complainant had purchased one Split Air Conditioner from OP No.4 for Rs.30,000/-. He further argued that on 09.04.2022, the said Air Conditioner was not working, so the complainant made various complaints at Hitachi Consumer Care App vide request Nos.22040900035, 22041006295, 22042603035 and 22042603323, but inspite of that, nobody visited his house. He further argued that lastly, on 27.04.2022, authorized engineer of OPs visited the house of complainant, who told that AC has some manufacturing defect and it needed to be replaced completely, but OPs did not replace the same. Again on 02.05.2022, the complainant registered two complaints on Hitachi Consumer Care App vide request No.22050207559 and 2250207869, but to no use. He further argued that on 27.05.2022, the complainant received a telephonic call from Hitachi that his AC would be replaced shortly, but after more than 3 months of registering the complaints, his AC is lying useless.

9.                On the other hand, learned counsel for OPs No.1 to 3 has argued that the products purchased by the complainant, from the OPs carries a warranty for a period of one year and a period of five years for the compressor. As per warranty policy, if there will be any issue problem with the said product then the company shall repair the same free of costs. However, in case of damage to the product OR if any of the terms and conditions of the warranty policy is violated OR the warranty period is expired, then the warranty policy shall be void and the product shall be repaired on a chargeable basis, to be paid by the customer. The complainant approached the OPs with issue to the said product, the technician of the OPs duly addressed the issue and resolved the same. Hence, the present complaint should be dismissed with costs.

10.              Admittedly, on 24.03.2022, the complainant has purchased one Split 1.5 Ton Air Conditioner, from OP No.4 for Rs.30,000/- (Rs.23437.50 + Rs.6562.50 i.e. 28% GST), vide Tax Invoice Annexure C-1.

11.              The grievance of the complainant is that from 09.04.2022, the said AC was not working, so he made various complaints at Hitachi Consumer Care App on various dates vide request Nos.22040900035;  2204080867; 22041006295; 22042603035, 22042603323 on 26.04.2022, 22050207559, 2250207869 on 02.05.2022, vide complaints Mark-Y, Mark-X and Mark-Z respectively, but all in vain.

12.              During the pendency of the present complaint, complainant moved an application u/s 13 (1)(C) of Consumer Protection Act, 1986, to obtain proper analysis report from any laboratory regarding the defect in the AC in question, which was allowed, vide order dated 31.03.2023, as such, Principal, ITI, Kaithal was directed to appoint some expert/mechanic to check the AC in question, upon which, one Anil Kumar, R& AC Tech. Instructor, ITI Kaithal checked the AC in question, in the presence of both the parties and submitted its report on 26.04.2023 as Mark A, on the case file. The observation, made by said expert, in report Mark-A, reads as under:-

1. Split AC is not working properly & it has no cooling effect.
2. Outdoor condenser unit has a faulty/leaked condenser coil.
3. Due to that condenser coil leakage, there was no gas pressure noted.
4. The ac was in dismantled condition & it was checked after assembling the same in the presence of relevant parties.
5. The AC was not working due to manufacturing defect i.e. low quality of copper condenser.

 

13.                  So, from the perusal of above-mentioned observations, made by said expert in report Mark-A, after checking the AC in question, it is evident that the AC in question was having manufacturing defect in it, due to which, it was not working properly, from the very beginning, and the OPs neither replaced the same nor refund its cost price, to the complainant, which amounts to gross deficiency in service, on the part of OPs, due to which, the complainant has suffered huge physical harassment and mental agony and ultimately, left with no other option except to knock the door of this Commission, by way of filing the complaint in hand. As such, OPs, not only liable to refund the cost price of Rs.30,000/- of the AC in question, to the complainant, but also liable to pay the compensation amount with litigation expenses, to the complainant.

14.              In view of our above discussion, we accept the present complaint and direct OPs to refund the cost price of AC in question, amounting to Rs.30,000/- (subject matter of Tax Invoice Annexure C-1), to the complainant along with compensation amount of Rs.5000/- + litigation expenses of Rs.5000/-, within a period of 45 days, from the date of preparation of certified copy of this order, failing which, the award amount shall carry the interest @6% simple per annum, from the date of this order, till its actual realization.

15.              In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of Court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the records, after due compliance.     

Announced in open Commission:

Dt.:07.12.2023.

                                                                                       (Neelam Kashyap)

                                                                                       President.

 

(Sunil Mohan Trikha).             (Suman Rana).              

Member.                                  Member.

 

 

 

 

Typed by: Sham Kalra, Stenographer.