Delhi

East Delhi

CC/21/2018

SANJEEV NAGAR - Complainant(s)

Versus

HITACHI - Opp.Party(s)

18 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 21/18

 

Shri Sanjeev Naagar

S/o Shri Balbir Singh Naagar

R/o H. No. 4A, Hasanpur

Opp. Max Hospital, Patparganj

Delhi – 110 092                                                          ….Complainant

Vs.    

 

M/s. Hitachi Home & Life Solutions (India) Ltd.

Through its Managing Director

Ground Floor, 35, F.I.E.

Patparganj Industrial Area

New Delhi – 110 091                                                      …Opponent

 

 

Date of Institution: 18.01.2018

Judgement Reserved on: 18.09.2019

Judgement Passed on: 23.09.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Ms. Harpreet Kaur Charya (Member)

 

 

JUDGEMENT

           This complaint has been filed by Shri Sanjeev Naagar against      M/s. Hitachi Home & Life Solutions (India) Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.        The facts in brief are that the complainant took Annual Maintenance Contract (AMC) for maintenance w.e.f. 29.01.2017 to 20.01.2018 of his Hitachi AC which included servicing and repairing on 14.01.2017 by paying an amount of Rs. 5,423/- to M/s. Hitachi Home & Life Solutions (India) Ltd. (OP).

           It was stated that in the month of April, 2017, AC stopped functioning for which the complainant contacted OP on 28.04.2017.  The representative of OP visited the house of complainant and after inspecting the AC, told him that some part was required to be replaced.  Once they arrange the spare part, the AC will be repaired, but they failed to do so even after 2 weeks.    

It was further stated that the complainant filed repair requests/complaints through the Mobile App on 28.04.2017, 17.05.2017, 24.08.2017, 28.08.2017 and 25.09.2017, which were not attended. 

The complainant sent legal notice dated 19.11.2017 which was neither replied nor complied.  Hence, the complainant has prayed for directions to OP to refund the AMC amount of Rs. 5,423/- alongwith interest @18%; compensation of Rs. 50,000/- towards mental agony, undue harassment and exploitation and Rs. 10,000/- towards cost of litigation.         

3.        Counsel for OP appeared, but did not file the WS and stopped appearing.  Hence, they were proceeded ex-parte.

4.        In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited copy of AMC dated 14.01.2017 (Ex.CW-1/A), cash receipt of Rs. 5,423/- (Ex.CW-1/B), copy of print out taken from the app for filing repair requests (Ex.CW-1/C) and copy of legal notice and its postal receipts (Ex.CW-1/D colly.).

5.        We have heard counsel for the complainant and have perused the material placed on record.  The complainant is aggrieved by failure on part of OP in repairing the product of the complainant despite the fact that it was covered under AMC.  If we look at the AMC i.e. ‘Ex.CW-1/A’, it shows that the contract for maintenance was “Semi Comprehensive with Coil”. 

Ld. Counsel for the complainant has submitted that they were orally informed by the technician of OP that the coil of the AC was to be replaced, which has not been done despite several complaints on the mobile app which have been exhibited as ‘Ex.CW-1/C’.  

Since, OP chose not to file their reply, the allegations made by the complainant have remained unrebutted.  Therefore, we hold OP, deficient in services, as they have failed to provide services as per AMC.  Hence, we direct OP to refund Rs. 5,423/- alongwith interest @7% p.a. from the date of filing of complaint till realization.  We further award Rs. 3,500/- as compensation on account of mental agony and harassment, which includes the cost of litigation.   

The order be complied within a period of 30 days.  If not complied, the amount of compensation of Rs. 3,500/- will also carry interest @7% p.a. from the date of order till realization. 

Copy of the order be supplied to the parties as per rules.

           File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                       (HARPREET KAUR CHARYA)

      Member                                                                    Member

 

     (SUKHDEV SINGH)

President