PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 88/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sri. Ajay Agrawal, Chartered Accountant,

S/O-Tarachand Agrawal,

At- Jalan Gali PO-Khetrajpur,

Dist-Sambalpur, Odisha-768003.

Mob No. 7894302138, 9861142850.

Mail- caajayagrawal81@gmail.com                     .……….......Complainant.

Vrs.

Johnson Controls-Hitachi Air Conditioning India Limited

(Formerly Known As Hitachi Home & life Solutions (India) Ltd.

Hitachi Complex, Karan Nagar, Kadi,

Dist-Mehsana-384440, Gujarat.                                    …...……….Opp. Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Ex-parte

Date of Filing:02.06.2023,Date of Hearing :22.08.2023,Date of Judgement : 09.10.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Case of the Complainant is that the Complainant purchased window air conditioner of Hitachi brand New KAZE PLUS Model No. RAW 511HEDO from O.P. Hitachi e-shop vide order item ID No. HHLI-52119 dated 21.04.2022 for Rs. 31,815.68P. The product was delivered from Cuttack depot was delivered from Cuttack depot and installed in the office of the Complainant by the authorized service center in April 2022. Warranty period was for five years w.e.f. 21.04.2022. Service requests No. 22102200304 dated 22.10.2023 and 23050300968 dated 03.05.2023 were made to the O.P. for rectification of defects. Both the time requests were cancelled with message “due to customer not contactable.” On 03.05.2023 also some message forwarded by the O.P.

Due to non proving service not only the Complainant harassed physically but also suffered mentally as his professional charted Accountancy work was hampered with allegations of unfair trade practice and deficiency in service complaint was filed.

2. The O.P. has been set ex-parte.
3. Perused the documents filed by the Complainant. The O.P. has issued tax invoice No. 22 OR/OR1/S 1254 dated 21.04.2022 for Rs. 31,815/- to the Complainant. Perused the service request mails dated 22.10.2022 and 03.05.2023 along with reply of the O.P. dated 26.10.2022 and 08.05.2023.
4. The Complainant purchased the AC through online mode and after receipt of money the O.P. despatched the product and installed in his office. When the product became defective on 22.10.2022 and 03.05.2023 mails have been given to the O.P. whereas the O.P. on the ground of “not contactable” refused to provide service. It amounts to deficiency in service on the part of the O.P. The O.P. is very much acquainted with the address of the Complainant as product has been delivered and installed.

The O.P. neither directed its authorized service station to render service nor also responded to the mail. It amounts to unfair trade practice during the warranty period.

Accordingly, it is ordered:

ORDER

The Complaint is allowed ex-parte against the O.P. The O.P. is directed to refund Rs. 31,815/- with 12% interest per annum w.e.f. 22.10.2022 till realisation and return back the product from the Complainant. For unfair trade practice and deficiency in service the O.P. is directed to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 5000/-.

Order pronounced in the open court on 9^th day of October 2023

Supply free copies to the parties.