Delhi

North East

CC/420/2014

Manoj Kr. - Complainant(s)

Versus

M/s Hi. Tachi Enterprises - Opp.Party(s)

06 Apr 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, NAND NAGRI, DELHI-93

 

Complaint Case No. 420/14

 

CORAM:        Hon’ble President Sh. N.A. Zaidi

                        Hon’ble Member Sh. Nishat Ahmad Alvi

                       

In the matter of:

 

	Mr. Manoj Kumar M/s. Aggarwal Traders S/o Shri Kishan Lal Aggarwal R/o N-71, Naveen Shahdara Delhi-110032
		Complainant
	Versus
1         2	M/s. Jain Electronics 1157 A/3, East Rohtas Nagar Hanuman Mandir Road Shahdara, Delhi-110032   M/s Hitachi Interprises A-15, 5th Floor, Mathura Road Mohan Cooperative Industrial Area
		Opposite Parties

                                                                       

 

Order

 

                                                                                      DATE OF INSTITUTION: 15-10-2014

                                                                                      DATE OF DECISION      : 08-05-2015

N.A. Zaidi, President:-

Nishat Ahmad Alvi, Member:-

            Present complaint has been filed by complainant thereby alleging that he and his family purchased an Air-Conditioner Model 1.5 Ton 35 TPR-8PP-43 of OP-1 make from its Dealer OP-2, for Rs. 37,000/-, on 20.06.2014. Just within 45 days the Air Conditioner became faulty and since then it is not functioning at all. Complaint to this effect was made to both the OPs but they did not respond. Complainant also talked on phone to officials of OPs Mr. Ajay, Mr. Tyagi & Mr. Ghanshyam on mobile No. 9311013192, 9311013192 & 9213175809 respectively. But even after assuring nobody turned up. Complaint vide No. 14080800937 dated 08.08.2014 was also lodged. After few days a representative from the OP came and checked the Air- conditioner but without rectifying the A.C. went away assuring to come back again. But even after passing 40 days nobody came and attended the call. Complainant also sent legal notice dated 22.09.2014 to OPs which were never replied. Complainant had to hire Air-conditioner from local market at Rs. 50/- per day and paid Rs. 3250/- for the same. Pleading that OPs have sold faulty Air-conditioner to complainant, the complainant has prayed for refund of Rs. 37,000/-, the cost of the Air-conditioner, with Rs. one lac for loss in profession and Rs. 50,000/- as compensation for harassment etc. Besides, cost of litigation Rs. 10,000/- and Rs. 5,500/- fee paid of legal notices.

            Both the OPs were served on 10.11.2014 but none appeared on behalf of OPs and they were proceeded against Ex-parte. Complainant has filed all evidence and the relevant documents.

            Heard and perused the documents.

As per the documents placed on record by complainant it is proved that complainant purchased 1.5 T Hitachi Air-conditioner from OP-1 of Rs. 37,000/- wherein defect started within few months. Regarding warranty there is no document on record but registering complaint and visit of OPs’ persons to cure the defect shows that the AC was within warranty. Annexure  C is an Email sent by complainant to OP-2 on 07.10.2014. This Email shows that after 15 days Air-conditioner started water leakage problem, complaint of which was made to OP-1 who assured to solve the problem but even after so many visits of customer care person of OP-2 his problem could not be solved. Request to OP-1 to change the unit was also made and a complainant to customer care of OP-2 vide complainant no. 14080800937 was lodged on 08.09.2014 but there was no response. OPs choose not to appear and put any defence inspite of due service. All these facts are not controverted by the OPs, hence, they shall be deemed to be true. We hold both the OPs guilty of selling defective Air-conditioner to complainant and further deficiency of service on their part for not rectifying the defect and direct both the OPs to either replace a brand new Air-conditioner of the same make or model with fresh warranty or to refund the cost of the Air-conditioner. We also direct to pay compensation of Rs. 5,000/- and Rs. 3,000/- as cost of litigation.

The above amounts shall be paid within 30 days from the receipt of order of this Forum. Failing which the rate of interest on the amount of claim shall be charged @18% p.a.

            Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

File be consigned to record room.

(Announced on 08.05.2015) 

           

           

             

             (N.A. Zaidi)                                                                             (Nishat Ahmad Alvi)       

              President                                                                                           Member