BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.261 of 2022
Date of Instt. 02.08.2022
Date of Decision: 23.10.2024
Rashmi Chhabra aged about 57 years W/o Shri Ashok Chhabra, resident of W.N. 25, Basti Danishmandan, Jalandhar.
..........Complainant
Versus
1. M/s Hitachi India Pvt. Ltd., Indira Gandhi International Airport, World Mark I Tower B, Aerocity, Delhi-110037 through its Incharge/authorized signatory
2. Raghbir Facility Services Center, B.P. Complex, Office No.3, Ist Floor Cheema Nagar, Mithapur Road, Jalandhar through its Incharge/authorized signatory.
3. Khera Electronics, Adarsh Nagar, Opposite Hotel Inderprast, Jalandhar through its authorised signatory.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Amit Beri, Adv. Counsel for Complainant.
OPs No.1 & 3 withdrawn.
OP No.2 exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant had purchased a Hitachi WAC 1.5 Ton Summer QC5168HD 43766, window Air Conditioner from OP No. 2 vide invoice No.152 dated 07.05.2016. Earlier the said A.C. was working properly, but in the month of April, 2022 said A.C. started giving trouble as the same was not cooling properly. The complainant contacted the OP No.3 and apprised about the said defect in the A.C. The concerned person of the OP No.3 told the complainant to report the matter to OP No.2 i.e. authorized service centre of the OP No. 1. The complainant accordingly approached OP No.2 and concerned engineer of OP No.2 checked the A.C. unit of the complainant and told the complainant that there was problem of gas in the A.C. unit of the complainant and accordingly the gas was filled by the concerned person of the OP No.2, for which Rs.2750/- was charged from the complainant and repair and maintenance services sheet as also issued in this regard and the complainant was also given warranty of three month for the gas and smooth running of said A.C. In the first week of June, 2022 the A.C. of the complainant again started giving trouble as the same was not cooling properly and the complainant approached the OP No.2 and apprised about the said defect, but till today the grievances of the complainant has not been redressed. On account of failure on the part of the OP in providing proper services to the complainant, the complainant suffers a lot of harassment, mental tension and agony and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to rectify the defect in the AC of the complainant and to refund Rs.2750/- to the complainant which was charged by the OP No.2. Further, OPs be directed to pay a compensation of Rs.50,000/- for causing mental tension and harassment to the complainant and Rs.11,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, but despite service OP No.2 failed to appear and ultimately OP No.2 was proceeded against exparte. Whereas complaint against OPs No.1 & 3 was dismissed as withdrawn by the counsel for the complainant, vide his separate statements dated 13.03.2023 and 13.07.2023.
3. In order to prove his respective version, the counsel for the complainant has produced on the file duly sworn affidavit of the complainant Ex.CA alongwith documents Ex.C-1 to Ex.C-7.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. From the scrutiny of the documents, it reveals that the complainant purchased AC from OP No.3 in the month of May 2016. AC started giving trouble in the month of April, 2022 as the same was not cooling properly. The complainant was asked by OP No.3 to contact the authorized service centre/OP No.2 of the OP No.1. The concerned engineer of OP No.2 checked the AC unit of the complainant and told the complainant that there was problem of gas in the AC unit and accordingly, the gas was filled for which Rs.2750/- was charged by OP No.2 and three months warranty was given vide TCR No.223 dated 26.04.2022 Ex.C-3. In the first week of June, 2022 the AC again started giving trouble as the same was not cooling properly. The complainant apprised about the said defect to OP No.2 but his grievance was not redressed till date.
6. The complaint against OP No.1 and OP No.3 has been withdrawn by the complainant.
7. On the other hand, the OP No.2 has not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by her own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-7.
8. From the above facts, it is clear that gas in the AC was filled on 26.04.2022 and three months warranty was given by OP No.2 as is evident from Ex.C-3. However, the AC started giving same trouble within 3 months i.e. within warranty period and the same was not attended by OP No.2. Thus, this is clear cut case of deficiency in service on the part of the OP No.2.
9. In view of the above detailed discussion, we are of the opinion that complaint deserves to be allowed and accordingly, the complaint of the complainant is partly allowed and OP No.2 is directed to repair the AC without any cost within 15 days from the date of receipt of the copy of order failing which OP No.2 will be liable to refund Rs.2750/- alongwith interest @ 6% per annum from the date of pay till its realization. Further, OP No.2 is directed to pay a compensation including litigation expenses of Rs.8000/-. The compliance of compensation and litigation expenses be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
23.10.2024 Member Member President
