BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

                                                                Complaint No.303 of 2022

                                                                Date of Instt. 24.08.2022

                                                                Date of Decision: 14.07.2023

Jageer Singh aged about 63 years son of Arjan Singh resident of House No.45-A, Tower Enclave, Phase-1, Near Water Tubewell, Jalandhar.

..........Complainant

Versus

1.       Mitsubishi Heavy Industries, IAPL House, 2/8, West Patel       Nagar, New Delhi-110008, India.

2.       M/s Narang Electronics, 63-R, Block-A, Model House, Near   Gurudwara Singh Sabha, Jalandhar through its Proprietor         Mr. Ajay Narang.

3.       Mr.Ajay Narang, M/s Narang Electronics, 63-R, Block-A, Model      House, Near Gurudwara Singh Sabha, Jalandhar.

                             ….….. Opposite Parties

          Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)                      

Present:       Sh. Amritpal Singh, Adv. Counsel for the Complainant.

                   OP No.1 exparte.

                   Sh. Rajat Chopra, Adv. Counsel for OPs No.2 & 3.

Order

                   Jyotsna (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that OP No.1 is manufacturer of electronic goods including Air Conditioner and are selling the same in the market under its brand name of 'Mitsubhishi' and OPs no.2 & 3 are authorized dealer of OP No.1 and stock and sale the products of OP No.1. On 24.07.2022 the complainant visited the showroom of the OPs No.2 & 3 and selected one Mitsubhishi Air Conditioner of 2.2 Ton Model no. SRK25CSS-S6 Misubhishi and purchased the same for his personal use alongwith Stabilizer DL-5150C for sum of Rs. 70,000/-i.e. Rs. 52,343.75/- cost of said Air Conditioner, Rs.2542.37/- as cost of Stabilizer alongwith Rs.7556.94/- as CGST and Rs. 7556.94/- as SGST i.e. grand total of Rs. 70,000/- vide invoice no.T/22-23/789 dated 24.07.2022. At the time of purchasing the above said Air Conditioner, the complainant was assured by OPs No.2 and 3 that the above Mitsubhishi Air Conditioner is 2.2 ton brand new and is free from any defect and the said amount is including installation equipments and charges and the complainant paid the entire amount to the OPs. After receiving the said amount from the complainant, the OPs No.2 and 3 assured the complainant that the said Air Conditioner of same capacity and brand shall be delivered in the house of the complainant on the same day. Thereafter on the same day i.e. 24.07.2022 the OPs No.2 & 3 delivered the said product to the house of the complainant, but the OPs No.2 & 3 intentionally and deliberately in order to cheat and defraud the complainant delivered the Air Conditioner of 1.95 Ton bearing serial no.SRC25CWX- S6 which is lower in model as well as less in price. The complainant immediately approached the OPs No.2 and 3 and complained about the said product but instead of replacing the said product with 2.2 ton Air Conditioner, the OPs No.2 to 3 dilly dallied the matter on one pretext or the other and demanded more money from the complainant in order to cheat and defraud the complainant and submitted his complaint online to the OP No.1 and also delivered the invoice as well as photographs of the box of the said product, but even then the OPs failed to give any satisfactory reply to the complainant. Since 24.07.2022 none of employees of OPs visited to change the said the air conditioner of the complainant of 2.2 ton. The complainant requested the OPs number of times to replace the product but the OPs failed to replace the same and just dilly dallying the matter on the pretext or the other and the said air conditioner is unpacked. The complainant has passed this summer season with all difficulty and restlessness due to the act and conduct of the OPs who received huge amount from the complainant but failed to deliver the original product which was purchased by the complainant. Thereafter despite of various reminder and requests, the opposite parties has failed to provide proper service to the complainant by replacing the same. Due to act and conduct of the OPs, the complainant and his family members have to suffer the scoring heat due to act and conduct of the OPs and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to replace the AC or to refund the amount of Rs.70,000/- alongwith 18% per annum interest from 24.07.2022 and to pay compensation of Rs.4,00,000/- for causing mental tension and harassment to the complainant and Rs.25,000/- as litigation expenses.

2.                Notice of the complaint was sent to OPs, but despite service OP No.1 did not appear and ultimately OP No.1 was proceeded against exparte, whereas OPs No.2 & 3 appeared through its counsel and filed written reply, whereby contested the complaint by taking preliminary objections that the present complaint is not maintainable. The complaint has been filed with malafide intentions, only to extort money under the garb of the Act. From the beginning, in order to prove the bonafide of the answering respondents, the answering respondents had been requesting the complainant to come so that the queries could be resolved. But the complainant is adamant. Rather than, resolving the complaint, the complainant started raising illegal demands. In this context, the complainant served a legal notice, which was duly replied by the answering respondents on 16.8.2022, but did not pay any heed or considered the reply to the notice. Thereafter, the complainant filed by the present complaint. Again in order to prove the bonafide, the answering respondents got prepared Demand Draft No. 002335 dated 6.10.2022 payable at HDFC Bank Ltd., in favour of the complainant amounting to Rs.70,000/- with a request to the complainant to return the product, purchased by the complainant and take the money. But the complainant suffered a statement in the court, refusing the offer by the OPs and the Commission passed an order on the said application, directing the complainant to keep the product in a status quo manner. It is further averred that the complaint has not come to the court with clean hands and has suppressed the material facts. There is no intentional lapse on the part of the OPs, rather it is a fault of the loader, who loaded the unit. It is further averred that the complaint has no cause of action to file the present complaint. The complaint has been filed to harass the OPs and to extort money, whereas, the opposite parties are ready and willing to redress the grievances of the complainant right from the very first day. It is further averred that the answering respondents are not guilty of any negligence or deficiency of service as alleged. As such, the answering respondents are not liable to pay the compensation as claimed. It is further averred that the complaint is knowingly false and purposely vexatious and is liable to be dismissed with special costs. It is further averred that the complaint has not been framed as per Rules Regulations, as such, the same is liable to be dismissed. On merits, the factum with regard to purchase of the AC by the complainant is admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence by way of affidavit.

4.                We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.  

5.                It is admitted fact that the complainant had purchased Mitsubishi AC 2.2 Ton Model No.SRK25CSS-S6 from the OPs on 24.07.2022 for Rs.70,000/- vide Invoice Bill No.T/22-23/789 Ex.C-2, but at the time of delivery, OPs delivered an AC of 1.95 Ton with Model No.SRC 25CWX-S6 Ex.C3 & Ex.C-4. The complainant immediately lodged a complaint with the OP No.2 and OP No.3 who refused to entertain him. Then the complainant lodged a complaint with the OP No.1 vide email on dated 09.08.2022, but no solution was provided to him. Ultimately, the complainant filed consumer complaint on 24.08.2022. Notice was issued to the OPs inspite of service of notice, none appeared on behalf of the OP No.1 and hence, OP No.1 was proceeded against exparte. Sh. Rajat Chopra, Adv. Counsel for the OPs No.2 & 3 appeared and tendered demand draft No.002335 dated 06.10.2022 for Rs.70,000/- drawn on HDFC Bank subject to the return of original product as per invoice. The counsel for the complainant refused to accept the draft and requested the Commission that complaint may kindly be decided on merits. The complainant was directed not to open the seal of the AC and not to use it till further order.

6.                From the above facts, it is clear that wrong model of AC was delivered by OPs and OPs did not entertain the complaint of the complainant. The complainant was forced to file the consumer complaint. It is clear cut deficiency in service on the part of the OPs and the complaint of the complainant is partly allowed and OPs are directed to return Rs.70,000/- to the complainant with interest @ 9% per annum from 24.07.2022 to 14.10.2022 and OP is directed to collect the AC from the complainant. Further OPs are directed to pay a compensation alongwith litigation expenses for causing mental tension and harassment to the complainant, to the tune of Rs.5000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

7.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj

14.07.2023         Member                          Member           President