CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.166/2014

Sh. Narender

R/o E-420, Sewa Nagar,

New Delhi-110003                                                       ……Complainant

Versus

1.       M/s Music Centre

          F-57, Gurudwara Road,

          Kotla Mubarkpur,

          New Delhi-110003

2.       M/s Hitachi & Life Solutions (India) Pvt. Ltd.

          A-15, Mohan Co-operative Industrial Estate,

          Mathura Road, New Delhi-110044                 ……Opposite Party

                                                          Date of Institution          : 28.04.14                                                            Date of Order        : 20.10.15

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

Briefly stated, the case of the Complainant is that on 28.04.2013 he had purchased a Hitachi Air Conditioner unit (Model-RAW218KSD from OP No.1 manufactured by OP No.2 vide bill No. 34709 and the same could not be started because of  the internal problem in the A.C. He reported the matter to OP No.1 to change it but OP No.1 denied by saying that they were not responsible for any problem in the A.C. and asked him to approach OP No.2. After 4-5 days an engineer visited his house and found some problem in the unit.  He visited OP No.1 daily for 8 days and finally OP No.1 replaced the same but the new A.C. was also having fault as none of its controls were working properly.  He again contacted OP No.1 but to no response.  He sent a written complaint to OPs on 21.05.2013 asking them to take back the A.C. and refund the money but to no avail. On 25.06.2013 he again sent a reminder to OPs but to no response. Hence, pleading deficiency in service, Complainant has prayed as under:-

1. Direct the OPs to refund the cost of A.C. of Rs. 24,000/- alongwith interest @ 18%.
2.  Direct the OPs to pay a sum of Rs.10,000/- as compensation towards the physical strain and mental agony suffered by the Complainant and his family members.
3. Direct the OPs to pay a sum of Rs.10,000/- towards cost of this complaint.

Vide order dated 05.01.2015 passed by our predecessors OP No.1 was proceeded exparte.

In the written statement OP No.2 has stated that the product was carrying a warranty for a period of one year but the Complainant did not contact the OP No.2 within warranty period.  Complainant purchased the A.C. Window 1.5 ton, 2 star on 28.04.2013 for a sum of Rs.24,000/- from OP No.1 after being fully satisfied and he never approached OP No.2 regarding any issue in the A.C. OP No.1 transferred the complaint to OP No.2. Engineer of OP No.2 checked the A.C. and found some defect in PCB and the same was changed with new A.C. within a week. After that Complainant did not contact the OP No.2 for any problem.  OP No.2 has prayed for dismissal of the complaint with cost.

Complainant has not filed rejoinder to the written statement of OP-2.

Thereafter vide order dated 17.04.2015 OP No.2 was proceeded exparte.

Complainant has filed his exparte evidence by way of affidavit.  We have heard the Complainant and have also gone through the file very carefully.

Complainant has brought on record a bill dated 28.04.2013 showing that he had purchased a Hitachi A.C. Window, 1.5 ton, 2 star for an amount of Rs.24,000/- from OP No.1.   He has further placed on record a written complaint dated 21.05.2013 made by him wherein he requested OP No.2 to refund the price of A.C.  He has also placed on record a reminder cum legal notice dated 25.06.2013 issued to OP No.2 requesting to take action in the matter within one week. 

Admittedly, the A.C. could not be started due to some internal problem in the A.C and engineer of OP No.2 checked and found some defect in PCB and same was changed with new A.C. within a week.  

In view of the above, it transpires that the OP No.1 once change the A.C.  and requested the Complainant if any problem in A.C. they will repair the A.C.  but Complainant was not ready for repair the A.C and he was adamant to change the A.C. or for refund of money.  No Technical report has been filed by the complainant to show that the new AC had also started giving problems.  Hence, Complainant has failed to prove any deficiency in service on the part of OPs.  Therefore, we dismiss the complaint with no order as to costs.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 20.10.15.

(NAINA BAKSHI)                                                             (N.K. GOEL)  MEMBER                                                                        PRESIDENT 

20.10.2015

Present –   None

        Vide our separate order of even date pronounced, the complaint is dismissed.    Let the file be consigned to record room.

(NAINA BAKSHI)                                                  (N.K. GOEL)    MEMBER                                                                PRESIDENT