Order Date: 09.09.2022
The complainant files hazira.
Today is fixed for passing ex parte order.
The record is taken up for ex parte order. In spite of having received of the notice, the OPs did not appear to contest the case. Accordingly, the case is heard ex parte.
On 30.11.2021, the complainant has filed the complaint u/S 35 of the C.P. Act, 2019 against the opposite parties. The case of the complainant in brief is that the complainant purchased a 1.5 ton split AC from the OP No.3 which was manufactured by OP No.1 on 21.05.2020. Thereafter one representative of the OP No.3 installed the said AC on 22.05.2020 in the house of the complainant. Since the date of installation, the AC was functioning properly but the problem cropped up in the 1st week of June, 2021 where the complainant noticed that the AC was not cooling and there was a leakage of coil. Then the complainant lodged a complaint before the customer care on 08.06.2021 and the said complaint was registered as Complaint No. 21060804934.
After receiving the complaint dated 08.06.2021, one technician of the OP No.1 visited the house of the complainant on 11.06.2021 and after examination of the AC, said technician told that there was a leakage, which was required to be repaired. The technician also told that as the warranty period of the product has already been expired, so the Complainant would have to pay the repairing charges. Then the technician repaired the AC on 11.06.2021 and the complainant also paid the repairing charges of Rs. 2700/- to the technician, but no money receipt was provided to the complainant and ultimately, the technician left the house of the complainant. As per the norms of Hitachi if the same problem occurs within three months then the service is free and the complainant would not have to pay for the refilling of gas too. But very unfortunately on 11.07.2021 the complainant noticed that the AC was not
cooling again and as such, he again called upon the said technician. After receiving the said call, the technician attended the house of the complainant for inspection of the said AC . And after inspection, said technician noticed that there was another leakage which was just a centimeter way from the previous leak. So, the technician told the complainant that the condenser coil of the AC would be replaced free of cost but the complainant would have to pay charges for the gas refilling though it was told by the customer care that no charges would have to pay by the complainant for refilling of gas, but the complainant was compelled to pay the charges for refilling of gas.
On 14.07.2021, said technician came back to the house of the complainant with a new coil and installed the same in the AC of the complainant. But while the technician was filling it with gas, he noticed that there was a leakage. So the technician informed the matter to their Servicing Centre and it was told that the AC Cool were not available at that moment and as such, it would take a week or so to supply the same coil.
The technician came on 04.08.2021 with a new coil and replaced the same but very surprisingly, the new coil had a leak again. Then the complainant was registered another complaint No. 21080401292. But no fruitful result came from the side of the OPs. Being aggrieved and dissatisfied with the service of the OPs, the complainant lodged another complaint before the customer care against the OPs on 09.08.2021 and the complaint also registered as No. 21080802232. Moreover, he also lodged a complaint before the National Consumer Helpline No. 2891652 as well as sent a mail to the customer care @jci-hitachi.com alleging deficiency in service and unfair trade practice against the OPs. After receiving the said complaint as well as mail, the OPs replaced a new coil in place of defective one and at that moment, the problem was solved.
But very unfortunately, after 2 or 3 days the same problem was also detected and the complainant on 25.08.2021 again lodged a complaint bearing complaint No. 21082500881. After that one expert on 26.08.2021 visited to the house of the complainant but due to non-availability of spare parts, the said expert went back. The
AC is still in this condition and not working.
Thereafter, the complainant again lodged a complaint before the Customer Care on 03.09.2021 and 06.09.2021 having complaint No. 21090303428 & 21090604157 but no action will be taken by the OPs till date due to negligence and carelessness on the part of the OPs. The complainant communicated with the OPs several times either physically to the OP Nos. 2 & 3 or through phone, thereby requesting either to remove the defect or to replace the AC product by a new one. But till date, not a single response came from the OPs, as a result of which the complainant and his family members have been suffering great mental pain, agony and harassment.
Upon this background, the complainant prays for replacing a new Machine of same value and same model or refunding Rs. 46,000/- towards the cost of the AC machine as paid by the complainant and also Rs. 50,000/- as compensation towards mental pain, agony and harassment and Rs. 20,000/- as litigation cost.
FINDINGS
In order to prove the case, the complainant has adduced evidence-on-affidavit by himself and filed some Xerox copies of documents. On perusal of the evidence-on-affidavit & Xerox copies of documents, we find that the complainant has purchased Hitachi brand split AC of 1.5 ton from the OP No.3 and subsequently as the cooling power of the AC was lost, he lodged the complaint with the customer care service of the OP No.1. And as the warranty period was over the technician of the OP No.1 repaired the leakage of the coil of the AC which was found by him with payment of Rs. 2700/-. But no money receipt has been produced by the complainant and he took the plea that the money receipt has not been given by the technician which is very doubtful as because there is a Xerox copies of the paper to show that the repair has been done.
Subsequently within one month another leakage was found by the technician which was repaired. After repairing of the first leakage and the complainant took plea that if any further leakage is found within three months of the repair then the leakage
would be repaired on free service. But no such documents has been produced to say the
said condition. It is the case of the complainant that subsequently many other leakage were found and complaint was lodged. But the OPs did not take any step to repair the same. Evidently, those leakage were found after laps of warranty period and the complainant did not pay any amount to hire the service of the Opposite Parties for repairing the same. He only lodged the complaint.
In this situation, it was the option to the part of the complainant to get repairing the AC by any other competent technician by hiring him on payment of consideration money.
Accordingly, there is no deficiency in service or unfair trade practice of the Opposite Parties. Hence, the case must fail.
Hence, it is
ORDERED
That this case be and the same is dismissed ex parte against the Opposite Parties but without any cost.
Let a copy of this order sheet be given to the parties free of cost.
Dictated and corrected by me.
Member
D.C.D.R.C., Purba Bardhaman
Member Member President
D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman
