IN THE COURT OF THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR
CONSUMER COMPLAINT CASE NO. 7 of 2019
Rajeev Kumar, aged about 38 years
S/O- Hari Saw.At/P.O/P.S-Barbil.
Dist-Keonjhar………………………….………….…………...………………………………………………..… Complainant
Versus
1. M/S Door Darsan,
1/3 Pandya Trade Centre, Main Road,
At/P.O/PS-Barbil, Dist-Keonjhar
2. M/S Hitachi Home & Life Solution India Ltd.
Hitachi office - N. 4 37,
IRC Village,Nayapalli,Bhubaneswar,Odisha-751015
3. Corporate office Johnson Hitachi Air conditioning India Ltd.
Formerly known as Hitachi Home & Life Solution(India) Ltd.
Hitachi complex, khan Nagar, kadi.
Dist- Mahasana, Gujurat,India ………………………………………………………………………………….… Opp.Parties
Present:
Smt. B.Giri, President (I/C)
Sri Bharat Bhusan Das (Member)
Advocate for complainant- G.N Gena & Associate
Advocate for O.P-1-Set Exparte
Advocate for O.P-2 &3 - Sk.Md Sahabuddin & Associate
Date of hearing - 27.08.2020 Date of Order- 16.12.2020
Smt B.Giri President (I/C) –
This complainant filed before us praying for a direction to OPs to refund the sale price of Air conditioner i.e Rs 41,800/- (Forty one thousand eight hundred) only with 8% interest there on from the date of defect to till realisation with a further direction to OPs to pay Rs 50,000/-(Fifty thousand) compensation for mental agony and financial loss and Rs10,000/-towards lost of litigation.
The case of the complainant in brief is that on dt 16.05.2017 he was purchased one Hitachi 1.5 AC RAU 518 KWD and one Hitachi connection kit from Op No 1 who used to sell the product of OP No-2 and Op No- 3 on payment of Rs 41,800/-vide invoice No- 334 dtd. 16.05.2017 of OP No-1 and the said AC was got defective just after few days of purchase and did not function properly for which complainant ran to Op No-1 for his redressal but Op No-1 delayed the matter and finally complainant intimated the matter by lodging complaint before the other Ops through telephone and after several persuance, one mechanic
deputed by Op No -2 & 3 but he failed to rectify the defects of Ac finally on dt 04.06.2018 one engineer of Ops namely Niranjan Bhatta deputed who inspected the defective AC of the complainant and left leaving a remark in service slip stating that there is a defect in door unit and may be in compressor and advised to replace the same.
There after the complainant frequently went on requesting the Ops to remove the defects or to replace the said defective AC as the AC was became quite non- functioning stage and the defect was in warranty period and after best effort Op No-2 mailed a letter to complainant to refund a sum of Rs 32,000/- against the purchased amount of Rs 41,800/-but when complainant did not agree with Op No- 2, Ops did not do good and sit silent over the issue causing mental agony and financial loss to the complainant and hence this complaint. After service of notice Op No - 1 remained silent and refused to receive the notice sent to him by this forum through Regd. post with AD and hence became set exparte on 08.08.2019.
Op No - 2 and Op No- 3 filed a joint written version through their engaged Advocate denying the entire allegation and further stated that Op No-1 is not an agent of Op No- 2 and OP-3 but he is a reseller of product manufactured by Op No- 3 and hence OP No- 2 and OP No-3 could not be held responsible for the acts of any other Ops and further submitted that the product was used for about 1 year and on dt 23.03.2018 reported the issue to Op No- 2 for first time and the defect was removed and hence these Ops are not liable for any deficiency of service and prayed to dismiss the case.
From the service receipt filed by Ops it is seen that on dt 23.03.2018 for the first time they have attended the issue raised by the complainant and thereafter on dt 27.3.2018,15.4.2018 and on dt 20.4.2018 and all these calls report clearly indicates that for breakdown of AC the Ops mechanic attended the issue and as the first date of repair is dt 23.03.2018 it is very much clear that before one year the AC got defective and Ops suppressed the repair slip dt 05.06.2018, where service engineer clearly mentioned that as per service technician there is some defect in door unit and may be in compressor and a copy was taken by the Op’s engineer and from that date the AC is on the wall of the complainant without functioning and for which on dt 07.12.2018 a legal notice was sent to all Ops but despite receipt of the said notice no reply was given by Ops.
It is not in dispute that complainant has purchased the AC and from the repair slip. it is clear that the Ops though took attempt to remove the defects of the AC for 4 to 5 times but defect could not be removed and final visit was made by Op’s technician on dt 05.06.2018 and thereafter neither the Ops removed the defects nor refund the purchased amount rather sit silent over the matter causing mental agony and financial loss to the complainant. Op No- 1 being a seller can not also shift his liabilities and hence in our opinion all the OPS are jointly and severally liable for such deficiency of service.
Hence it is ordered that Ops are to replace the defective AC with new one in same model and further to pay Rs. 4,000/-(Four thousand)only- towards compensation for mental agony and financial loss caused to the complainant and in case it is not possible to replace the defective AC with new one in same model OPS are directed to refund the sale proceed amount of Rs. 41,800/- with Rs. 4,000/-(Four thousand)only towards compensation amount towards mental agony and financial loss and for physical harassment caused to complainant within 30 days of receipt of this order or else the entire amount will carry 8% interest per annum from the date of filing this case till realization.
Complainant is directed to refund the defective AC to the company immediately after replacement with new one or receive of sale proceed amount with compensation as ordered from the Ops.
The case is accordingly disposed of.
The order pronounced in open Commission today i.e on 16th December 2020.
I agree
Sd/16.12.2020 Sd/16.12.2020
( Sri B. B. Das) ( Smt B. Giri)
Member (I/C.,President)
DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
Sd/16.12.2020
( Smt B. Giri)
(I/C.,President)
DCDRC,Keonjhar
