Haryana

Kurukshetra

216/2016

Anil - Complainant(s)

Versus

Indian Refrigertor - Opp.Party(s)

Atul Mittal

25 Jan 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Complaint no.216/16.

Date of instt. 3.8.16. 

                                              Date of Decision: 25.1.18.

 

Anil Kumar Madan son of Om Parkash, resident of House No.605/5 Madan Gali, Mohan Nagar, District Kurukshetra.

                                        ……..Complainant.

                        Vs.

1. Indian Refrigeration Works, Renendra Colony, Near Eye Hospital, Kurukshetra, through its authorized signatory.
2. M/s Hitachi India Private Limited, through its Managing Director, Shivaji Road, Mohanpura, Meerut, Uttar Pradesh.
3. Mr. Dhamija employee of the company of M/s Hitachi India Private Limited, Mohan Nagar, Kurukshetra.

 

..………Opposite parties.

 

Complaint under section 12 of Consumer Protection Act.                   

 

 

Before               Sh. G.C. Garg, President.    

        Dr. Jawahar Lal Gupta, Member                                    

Present:         Sh. Atul Mittal, Adv. for complainant. 

 Op No.1 ex parte.

 Sh. Neeraj Aggarwal, Adv. for OPs No.2&3.

           

ORDER

                                                                         

 

                   This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Anil Kumar Madan against Indian Refrigerator and others, the opposite parties.

2.            It is stated in the complaint that complainant purchased one Hitachi air conditioner from Op No.1 on 8.8.2015 for a sum of Rs.35,000/- vide bill No.2531 and the said AC is manufactured by Op No.2. The above said A.C. became out of order on 16.4.2016 and the matter was reported to Ops No.1 & 2, then Mechanic of OP No.2 had visited the residence of complainant and inspected the A.C.  The mechanic found that some parts will have to be replaced and on this plea, he took the A.C. with him for necessary repair. The OP No.3 had repaired the said A.C. and after repair on 30.4.2016 the said AC  was not working properly and it was checked in the presence of Mechanic who admitted that the system is still not working properly and he assured that he will come on 5.5.2016 along with engineer of the company of Op No.2. The complainant waited for the engineer on 5.5.2016 but none has turned up. The complainant requested the Ops No.1 & 2 to do the needful and requested to repair the A.C. but all in vain. On 7.5.2016 Mr. Dhamija, Engineer of the OP No.2 had contacted the complainant on telephone and entire problem was told to him and he admitted that there is some manufacturing defect in the A.C.  The said A.C. is still under warranty period and the Ops are bound to replace the same but they failed to replace the same despite repeated requests. Hence, in such like circumstances, the present complaint was moved by the complainant with the prayer to direct the Ops to replace the A.C. with new one or to refund the cost of the AC i.e. Rs.35,000/- along with interest @ 18 % per annum, to pay Rs.50,000/- as compensation for mental agony and physical harassment and Rs.11,000/- as litigation expenses.

3.             OP No.1 has failed to come present despite service and as such, he was proceeded ex parte vide order dated 21.12.2016.    

4.            OPs No.2 & 3 appeared through Shri Neeraj Aggarwal, Adv. and they have failed to file the written statement despite availing several opportunities including last one. So, the defense of Ops No.2 & 3 was struck off vide order dated31.5.2017.    

5.            The complainant has tendered in to evidence his own affidavit as Ex.CW1/A and Ex.CW2/A and document Ex.C1 and thereafter closed the evidence.

6.             We have heard learned counsel parties and have gone through the record carefully.

7.            It is admitted fact that the complainant has purchased one Hitachi air conditioner from Op No.1 on 8.8.2015 for a sum of Rs.35,000/- vide bill No.2531 and the said AC is manufactured by Op No.2. The counsel for the complainant contended that the above said A.C. became out of order on 16.4.2016 and the matter was reported to Ops No.1 & 2, then Mechanic of OP No.2 had visited the residence of complainant and inspected the A.C and the mechanic found that some parts will have to be replaced and on this plea, he took the A.C. with him for necessary repair. He further contended that OP No.3 had repaired the said A.C. and after repair on 30.4.2016 the said AC  was not working properly and it was checked in the presence of Mechanic who admitted that the system is still not working properly. On the other hand, counsel for Ops No.2 & 3 contended that the complainant has not produced on record any job sheet or documentary evidence to prove that the air conditioner was having manufacturing defect. From the perusal of file, the Ops have failed to prove any documentary evidence to prove their version. On the other hand, the complainant has placed on record his own affidavit Ex.CW2/A vide which it has been made out that the Ops did not issue any job sheet despite repeated requests or neither repaired the air conditioner. In these circumstances, the complainant is entitled to get it replaced air conditioner from Op No.1, who is manufacture of the unit in question.

8.            In view of our above said discussion, the complaint of the complainant is allowed and we direct the OP No.1 to replace the air conditioner of the complainant with new one of the same model.  The complainant is directed deposit the old air conditioner with the service center of the company. The order; be complied within a period of 60 days, failing which penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party No.1.  File be consigned to record after due compliance.  Copy of this order be communicated to the parties.  

Announced:

Dated :25.1.2018                                (G.C.Garg)

                                                  President,

                                        District Consumer Disputes

                                       Redressal Forum, Kurukshetra.

 

 

       

(Dr. Jawahar Lal Gupta)

  Member