CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.612/2012

SHRI SUDHIR NEGI

S/O SHRI GULAB SINGH NEGI

R/O A-118, DURGA VIHAR,

NEAR DEVLI VILLAGE,

NEW DELHI-110062

…………. COMPLAINANT                                                                                           

VS.

M/S M.K. ELECTRONICS PVT. LTD.,

31/968 DDA FLATS,

MADANGIR,

NEW DELHI-110062

………….. RESPONDENT

                                                                                    Date of Order:10.07.2015

O R D E R

A.S. Yadav – President

Complainant purchased Hitachi Window air conditioner from OP on 23.6.2012 for Rs.26.500/-.  After installation it was found that air conditioner was not cooling properly.  Accordingly complainant made a complaint to OP but OP refused and told him to deal directly with Hitachi company.  However complainant informed that since he had purchased air conditioner from OP hence OP is liable to replace the same.  Complainant made complaint to Hitachi Customer Care on 30.6.2012 vide complaint No.12063002818,  Inspite of several calls the engineer of Hitachi company took 10 to 15 days to visit the house of the complainant and after checking the air conditioner it was informed that due to some wire issue the air conditioner was not cooling and that defect has been cured.  However complainant found that air conditioner was still not cooling properly.  He again lodged a complaint on 10.8.2012 vide complaint no.12081001126 .  The engineer informed him that it would take 1-2 hours for cooling and when complainant asked him to give in writing then engineer informed complainant that only senior engineer will give in writing.  The complainant again lodged a complaint on 18.8.2012 vide complaint No.12081801879.  The senior engineer visited and confirmed that air conditioner will take 1-2 hours for cooling.  When Complainant asked him to give in writing, senior engineer again checked the air conditioner and informed that air conditioner is to be taken to the service station for repair as there seems to be some gas problem.  The air conditioner was picked up the house of the complainant after 7-8 days and they took 7-8 days to put back the air conditioner in the house of the complainant.  Again it was not cooling and complainant made a complaint on 05.10.2012 vide complaint No.12100501663 and requested them to replace the defective air conditioner immediately.  Complainant has prayed for compensation of Rs.1 lakh.

Nobody appeared on behalf of OP despite service accordingly OP was proceeded ex parte.  The statement of complainant remained unchallenged.  In fact the complainant has placed on record various emails which suggest that that the air conditioner was defective from the inception and also it was taken away from the house of the complainant on the plea that there was some gas problem however the defect persisted.  It is clear that the complainant was given a defective air conditioner and the same was not replaced by OP.  It is clear cut case of deficiency in service on the part of OP.

OP is directed to refund to complainant Rs.26,500/- with interest @ 9% p.a. from 23.6.2012.  Complaint will return the defective AC on the receipt of the amount.  OP is also directed to pay Rs.5000/- as compensation and Rs.3000/- towards litigation expenses.

Let the order be complied within one month of the receipt thereof.  The complaint stands disposed of accordingly.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

         (EHTESHAM-UL-HAQ)                                                           (A.S. YADAV)

                MEMBER                                                                                         PRESIDENT