District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 326/2022.
Date of Institution: 20.06.2022.
Date of Order: 13.01.2023.
Manmohan Kakkar S/o Shri Shyam Lal resident of Flat NO. 201, Neel Giri Appartment, J.C.Bose YMCA University, Campus Sector-6, Faridabad. Mobile No.9968015043.
…….Complainant……..
Versus
M/s. Hitachi Air Conditioning India Limited, Johnsons Controls Hitachi Complex Karannagar District Mehsana – 382715, Gujarat India through its authorized persons.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Manmohan Kakkar complainant in person/
Sh. Ankur Kanwar, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant had purchased one Split Air Conditioner make Hitachi 1.5 Ton 5 Star Split Invertor A.C White, Gold alongwith other accessories/parts from the Flipkart India Private Limited on 21.4.2022 vide bill/invoice No. FAC4L02300033764 amounting to Rs.39,749/-. The complainant paid total sale consideration of the above mentioned A. C to the flipkart on the same day through online. At the time of purchase the said A.C, the flipkart had given one year warrantee of the above said A.C. Since the very inception of its purchase, the above said air conditioner was having various problems in the indoor unit i.e. broken of the filter and broken of the blower and in this regard the complainant made the complaint to the customer care of the Hitachi on 23.4.2022 vide complaint No. 22042308014. On the said complaint, the representative of the opposite party namely Vipin Nagar Hitachi Employee on dated 25.4.2022 visited in the flat of the complainant and who checked the air conditioner and told to the complainant that the filter and blower of the indoor unit was broken and who also told to the complainant that whose person registered the complaint to replace it. And further again representative of the opposite party i.e. Hitachi Employee, namely Noordin came to the house of the complainant on 28.04.2022 and who also told to the complainant that this complaint was under process and the complainant also received the phone call of the representative of the opposite party from Hitachi in which they assured to the complainant that within 4-5 days the said air condition would be replaced but result came out and in this regard the complainant received the message on 5.5.2022 on the mobile phone of the complainant in which the complaint NO. 22042308014 had been closed without replacing the indoor unit. Then the complainant again made the complaint to the representative of the opposite party on 6.5.2022 with
complaint NO. 22050600288 and on the same day the complaint was registered and on the same day the complaint had been cancelled by the representative of the opposite parties intentionally. Due to that reason the complainant made email to the customer care @jci-hitachi.com on dated 10.05.2022 and 13.5.2022. Again the complainant made the complaint on 10.05.2022 with complaint No. 22051005146 on the same day the complaint was registered and on the same closed by the representative of the opposite party. On 7.6.2022 the complainant again made the complaint with complaint No. 22060706048 was registered on 8.62022 and was cancelled on 9.6.2022.The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) either to handover the new branded set of the air conditioner or to return the amount of Rs.39,749/- alongwith interest @ 18% p.a. to the complainant.
b) pay Rs. 2,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 22,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that as per the complaint, the complainant had purchased Split Hitachi Air Conditioner from the online platform i.e. Flipkart on 21.04.2022 for consideration of INR 39,749/- (inclusive of taxes) manufactured by opposite party in good and sealed condition after having full satisfaction with the said product. It was submitted that the said product carry a warranty for a period of one year and a period of five years for the compressor. As per the warranty policy, if there would be any issue problem with the said product then the company should repair the
same free of cost. However, in the case of damage to the product OR if any of the terms and conditions of the warranty policy was violated OR the warranty period was expired then the warranty policy should be void and the product should be repaired on a chargeable basis, to be paid by the customer. It was submitted that opposite party had its standard procedure and system to provide services when any customer approached them for service or grievance. The customer had to register his complaint through email or on a toll free number or through a mobile application to which their company generates a unique service number under which reference services were rendered and the same was informed to the concerned customer through services SMS. It was submitted that when the complainant approached the opposite party with some issue in regards to the said product, the technician on behalf of opposite party duly visited the premises of the complainant and inspected the said product and resolved the issue of the complainant. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– Hitachi Air Conditioning India Ltd. with the prayer to: a) either to handover the new branded set of the air conditioner or to return the amount of Rs.39,749/- alongwith interest @ 18% p.a. to the complainant. b pay Rs.
2,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 22,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence,
Ex.CW1/A – affidavit of Manmohan Kakkar,, photocopies of tax invoice, whatsapp messages, emails.
On the other hand counsel for the opposite party strongly agitated and
opposed. As per the evidence of the opposite party Ex.RW1 – affidavit of Mohamad Afzal Vohra, Authorized Representative of opposite party i.e. Johnson Controls – Hitachi Air Conditioning India Ltd. Having its registered office at 9th floor, Abhijeet -1, Mithakhali Six Road, Ahmedabad, Gujarat, Ex.RW1/B – job card.
6. Admittedly, the complainant purchased one Split Air Conditioner make Hitachi 1.5 Ton 5 Star Split Invertor A.C White, Gold alongwith other accessories/parts from the Flipkart India Private Limited on 21.4.2022 vide bill/invoice No. FAC4L02300033764 amounting to Rs.39,749/-. After few days of installation of A.C, the above said A.C had gone out of order and was not in proper working condition. Lodging of several complaints to opposite party personally as well as well as on emails ipso facto go to prove that the A.C in question had a manufacturing defect which was not removed by the opposite party. As such, there was deficiency in service on the part of the opposite party. Hence complaint is allowed.
7. Opposite party is directed to replace the A.C in question with a new one, subject to return the old A.C, within 30 (thirty) days from the date of receipt of copy of this order. The opposite party is also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith
Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 13.01.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
