Punjab

Sangrur

CC/260/2018

Mohan Lal - Complainant(s)

Versus

Hitachi India - Opp.Party(s)

Sh.Saurav Garg

24 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    260

                                                Instituted on:      01.06.2018

                                                Decided on:       24.07.2018

 

 

 

Mohan Lal son of Raj Kumar, resident of Village Jakhepal Dhaliwas Was, District Sangrur.

                                                        …Complainant

                                Versus

1.             Hitachi India Pvt. Ltd. Tower-B, World Mark A1, Aerocity, New Delhi 110 037 through its M.D.

2.             Hitachi Service Centre, Upli Road, Opp. Fire Brigade Sangrur through its Branch Head.

3.             Goyal Watch Company, Naya Bazar, Sunam through its Proprietor.

                                                        …Opposite parties

 

 

For the complainant    :               Shri Saurav Garg, Adv.

For OPs                    :               Exparte.

 

 

 

Quorum:    Sukhpal Singh Gill, President

Sarita Garg, Member

               

 

 

Order by : Sukhpal Singh Gill, President.

 

1.               Shri Mohan Lal, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant approached the OP number 3 and purchased one air conditioner manufactured by OP number 1 for Rs.43,000/- vide bill number 1014 dated 29.5.2017.  Further case of the complainant is that the air conditioner in question was having a warranty of one year for the air conditioner, but the OP number 3 did not issue any warranty card. Further case of the complainant is that when after its purchase, the complainant used the air conditioner, it was found that it is suffering from the cooling problem and further it was used to run 11/12 Amps of electricity, which shows that there was high consumption of electricity, despite the fact it was five star rating air conditioner.  Though the complainant approached the OPs time and again to set right the air conditioner, but no proper response was given.   It is stated further that even the complainant was deprived from the use of the air conditioner in the peak summer season of the year 2017.  The complainant also got registered complaint number 18031506650 on 15.3.02018 with the OPs, but no one turned up to set right the air conditioner and the Ops even closed the complaint of the complainant without doing any needful to set right the working of the air conditioner. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to replace the air conditioner in question with a new one or to refund the purchase price of the air conditioner in question along with interest @ 18% per annum and further claimed compensation and litigation expenses.

 

2.               Record shows that OPs did not appear despite service, as such, the OPs were proceeded against exparte vide order of this Forum dated 19.7.2018.

 

3.               The learned counsel for the complainant has produced Ex.C-1 to Ex.C-8 copies of documents and Ex.C-9 original CD along with the complaint. But, the OPs neither filed any reply nor produced any evidence nor put appearance before this forum to contest their case.

 

4.               We have carefully perused the complaint and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.

 

5.               Ex.C-2 is the copy of the invoice showing the purchase of the air conditioner in question for  Rs.43,000/- by the complainant.    It is worth mentioning here that the complainant had purchased the air conditioner in question on 29.5.2017 vide invoice Ex.C-2, but the fact remains that the air conditioner in question developed defects of cooling and high consumption of electricity, despite that the air conditioner was having five star rating,  as such, the complainant lodged the complaint with the Ops, but, the OPs failed to set right the air conditioner in question despite the assurance of the OPs given on the telephone. Ex.C-3 is the copy of SMS dated 15.3.2018 which shows that the complainant lodged the complaint of the defective air conditioner and the Ops assured that the same shall be attended as soon as possible and it clearly reveals that the air conditioner developed defects within the warranty period.  Further Ex.C-4 to Ex.C-8 are the print of SMS messages, which when read together clearly reveals that the air conditioner was defective one. We may mention that the Ops number 1 and 2, who are manufacturer of the air conditioner in question chose to remain exparte and did not put appearance nor any reply to the complaint has been filed.  In the circumstances, we find it to be a clear cut case of deficiency in service and of unfair trade practice on the part of the OPs by supplying the complainant a defective air conditioner.  As such, we are of the considered opinion that the complainant deserves the replacement of the air conditioner with a new one or in the alternative refund of the amount so spent by him on the purchase of the air conditioner in question.

 

6.               Accordingly, in view of our above discussion, we allow the complaint of the complainant and direct the OPs to refund to the complainant the purchase price of the air conditioner i.e. Rs.43,000/-, however, subject to returning of the old defective air conditioner by the complainant to the OPs.   In the circumstances of the case, the parties are left to bear their own costs.

 

7.               This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                July 24, 2018.

                                               

 

 

                                                (Sukhpal Singh Gill)

                                                        President

 

 

                                       

                                                     (Sarita Garg)

                                                        Member