DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 626/15

Rajeev Aggarwal

H-84, Gali No. 3, Garhwali Mohalla

Laxmi Nagar, Delhi                                                                         ….Complainant

Vs.

1. Kalpana Digital World

1/10-12, Lalita Park

Main Vikas Marg,

Laxmi Nagar, Delhi-110 092

2. Hitachi Home & Life Solutions (India) Ltd.

Registered Office

9^th Floor, Abhijeet, Mithakhali Six Roads

Ahmedabad – 380 006

Corporate Office

A-15, Mohan Co-operative Industrial Estate

Mathura Road, New Delhi                                                           ….Opponents

Date of Institution: 11.09.2015

Judgment Reserved for : 27.07.2016

Judgment Passed on : 29.07.2016

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

Order By : Ms. Harpreet Kaur Charya (Member)

JUDGEMENT

The complaint has been filed by Shri Rajeev Aggarwal against    M/s. Kalpana Digital World, 1/10-12, Lalita Park, Main Vikas Marg, Laxmi Nagar, Delhi-110 092 (OP-1), the authorized dealer and M/s. Hitachi Home & Life Solutions (India) Ltd., 9^th Floor, Abhijeet, Mithakhali Six Roads, Ahmedabad–380 006(OP-2), the manufacturer alleging deficiency in services.

2.        Brief facts of the complaint are that the complainant purchased one split air conditioner “Kaze Neo” model no. RAU318HVD from M/s. Kalpana Digital World (OP-1) vide invoice no. K-00485/15-16 dated 26.04.2015 for Rs. 35,300/-.

            It is further stated that official/salesmen of OP-1 has represented that OP-2 was offering installment at nominal charges of Rs. 451/- instead of Rs. 1,500/- and stabilizer was also being provided at discounted price, which shall be provided by the service centre at the time of installation.  However, the helpline of OP-2 initially refused to give stabilizer, which was under scheme, but after lots of persuasion and insistence, OP-2 agreed to give stabilizer to the complainant.

            It was also alleged that soon after installation, complainant started facing problems with the AC.  Thereafter, the complainant lodged complaint with OP-1 and OP-2.  On 04.05.2015, engineer from service centre of OP-1 visited and informed that there was problem with the remote control of the AC.  However, the said engineer failed to get the AC started and informed the complainant that there was problem with the circuit/PCB.  The engineer of OP-1 could not resolve the issue.  It was further stated that despite the change of circuit/PCB, the AC was not working and despite several complaints made on 27.04.2015, 04.05.2015, 05.05.2015, 06.05.2015 and 16.05.2015, the condition remained the same. 

            The complainant has prayed for orders against OP-1 and OP-2 to pay a sum of Rs. 35,300/- alongwith installation charges of Rs. 4,350/- and Rs. 400/- towards the cost of stabilizer.  The complainant has also prayed for Rs. 1,00,000/- towards compensation for mental pain and agony and harassment alongwith miscellaneous expenses incurred by the complainant for numerous visits to OP-1.

3.        Notice of the complaint was duly served to OPs, but they did not put appearance.  Hence, they were proceeded ex-parte on 23.11.2015.

            The complainant has examined himself by way of affidavit, who is relying upon Ex. CW1/A to Ex. CW1/G. 

4.        We have heard the counsel for the complainant and have perused the material placed on record.  The averments made by the complainant have remained uncontroverted as none of the OPs has put appearance.  Hence, we observe that OP-1 and OP-2 both are jointly liable for selling a defective product to the complainant and despite various complaints, they have failed to remove the defect in the air conditioner sold by them.  M/s. Hitachi Home & Life Solutions (India) Ltd. (OP-2) is a company of repute and enjoys goodwill in the market, this kind of deficiency is highly unacceptable and at the same time, OP-1, being the dealer was also responsible.

            The complainant has been successful in proving the deficiency in services of OPs by placing emails on record and Ex. CW1/D, the job sheet, it is evident that right at the demo-stage, the remote and PCB of air conditioner were not working.  It is amply clear that the OPs have sold defective air conditioner to the complainant. 

5.        OP-1 and OP-2 are directed to replace the air conditioner without charging any installation charges.  In case, the said model has been discontinued then OP-2 shall refund an amount of Rs. 35,300/- along with installation charges of Rs. 4,350/- and cost of stabilizer @ 9% interest from the date of filing of this complaint.  At the same time, we also award Rs. 15,000/- as compensation towards mental agony and harassment and cost of litigation.  OP-1 and OP-2 shall be jointly liable to pay the compensation.

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