On 27.5.2013, complainant Phool Singh purchased one Hitachi 1.5 Ton Split Air conditioner (5 star), vide bill/cash memo No.7280 (Ex.C-1)   for  Rs.53,000/-  from Radhika Marketing, Hisar i.e. from opposite party No.2.  It was with warranty of one year. It was manufactured by Hitachi India Private Limited i.e. opposite party No.3.  Imperial Refrigeration, Hitachi and voltas , Hisar i.e. opposite party No.2  is  service centre of the Company. Just after few days of the purchase, the Air conditioner started showing misfunctioning, as it was not giving adequate cooling.  On the complaint of the complainant, opposite party No.2 sent its worker who checked the Air conditioner and told the complainant that the same would now  properly working. On 12.7.2014, complainant obtained its  extended warranty of one year, on payment of Rs.6500/- vide bill No.1459 dated 12.7.2014(Ex.C-2). That Air conditioner was not working properly. Every time after  temporary work, it  use to be brought in  working order. About 5 days prior to the file of this complaint dated  28.10.2014, official of opposite parties No.1 & 2 had  to the complainant and on checking the Air conditioner told that there was some manufacturing defect in it. That the complainant has approached the opposite parties, for its replacement or in alternative  for the refund of its price,  but he has  not been  heard.He had also  sent legal notice dated 20.9.2014 (Ex.C-3),  but remained unreplied; hence, this complaint, filed on  28.10.2014,  for  a direction to the opposite parties, for replacement of the Air conditioner or in alternative, for the refund of its price of Rs.53,000/- with upto date interest,  besides damages for his harassment and litigation expenses.

2.                 Opposite parties have been    duly proceeded against ex-parte vide order of this forum dated 23.2.2015.

3.                 In order to make out his case, the complainant has placed on record his own supporting affidavit Ex.CW1/A;  Ex.C-1 Copy of cash memo dated 27.5.2013; Ex.C-2 copy of  extended warranty of the A.C, Ex.C-3 copy of his legal notice dated 20.9.2014 and Ex.C-4 to Ex.C-6 acknowledgement receipts.

4.             There is no reason to disbelieve or to discredit   aforesaid said pleaded  case of the complainant, which gets full support and corroboration from his own affidavit and  also from copy of cash memo dated 27.5.2013. Case of the complainant also inspires confidence because  the opposite parties have opted for being proceed ex-parte and  even did not reply the legal notice. The complainant  had to file this complaint within warranty period. Therefore, it is proved that defective Air conditioner was  sold to the complainant by the opposite parties, which is  deficiency of service on their  part.

5.                  Resultantly, this complaint is hereby allowed, with a direction to the opposite parties, to immediately repaire the Air conditioner in question, free of cost and to bring it in perfect working order  within a period of  15 days from the date  when complainant approaches the service centre. In case Air conditioner is not repairable then to replace it or to refund its price of  Rs.53,000/- to the complainant with interest  @ 9% per annum from  the date of  filing the complaint i.e. 28.10.2014  till payment. Complainant is also hereby awarded compensation of Rs.4000/- for his harassment and litigation expenses of Rs.550/-, against the opposite parties, who shall be  jointly and severely liable to comply the  order.

Announced in open court:                         

Dated:03.03.2015                              President,

District Consumer Disputes

                                                          Redressal Forum, Hisar.                  

                                                          Member/03.03.2015.