BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.587 of 2019

Date of Instt.10.12.2019

Date of Decision:28.09.2021

Jasbir Singh S/o Baldev Singh R/o H. No.B-X 40 Street No.3, Kishanpura, Jalandhar City-144004.

..........Complainant

Versus

1. M/s Hitachi India Pvt. Ltd., 802A & 802B, Tower 2, 8^th Floor, Konnectus Building, Bhavbhuti Marg, Near Minto Bridge, Connaught Palace, New Delhi-110001. Through its Managing Director/Director(s)/Authorized personnel.

2. M/s Gupta Electroworld, H. No.67, BSF Colony, Dana Mandi Wali Gali. Jalandhar City-144001. Through its Managing Director/Director (s)/Authorized personnel.

3. M/s Supreme Radios, G. T. Road Civil Lines, Near Dena Bank, Jalandhar-144. Through its Managing Director/Director(s)/Authorized personnel.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before: Sh. Kuljit Singh (President)

Smt. Jyotsna (Member)

Sh. Jaswant Singh Dhillon (Member)

Present: Sh. Robin Budhiraja,Adv. Counsel for the Complainant.

OP No.1 (Defence Struck Off).

OPs No.2 & 3 exparte.

Order

Kuljit Singh (President)

1. The instant complaint has been filed by the complainant, wherein alleged thatthe OP No.1 is engaged in manufacturing and sales of Air Conditioner, OP No.2 is the authorized service center of OP No.1 and OP No.3 is authorized dealer of OP No.1. That the complainant purchased one AC from OP No.3 make Hitachi Split Model CS318HBD vide Invoice No.T-396 dated 07.06.2018 amounting to Rs.36,500/- alongwith GST. The AC has one year part warranty and five year warranty of compressor. That complainant first time faced problem on dated 06.03.2019 the water drops came from the air flow window. The complainant registered his complainant through telephonically on customer care service of OPs vide complaint No.19030603524. That the mechanic from office of OP No.2 has came to shop of complainant and check the unit and locate the problem that there is little manufacturing crack in the plastic body of unit from which water drops fall. That the representative of OP No.2 assured the complainant that he changed that plastic body next day. That on next day i.e. 07.03.2019 it was surprised for complainant that his complaint has been closed by OP No.2 and text SMS with closing detail was came to complainant mobile. That on that day i.e. on 07.03.2019 complainant has made again new complaint to customer care of OPs vide complaint No.19030702609. That it was again surprised for complainant that his complaint is again cancelled by OPs. That when complainant asked about this to OP No.2 that why they cancelled his complaints he told the truth that company has shortage of plastic bodies so there is long delay. That complainant has chemist shop so there is great risk of damage of medicine due to water dropping all the time from AC. That complainant was not satisfied with the reply of OP No.2 so he made fresh complaint to customer care on 13.03.2019 and reported the whole matter to them vide complaint No.19031306985. That OP No.2 told the complainant that wait for 30 days for replacement of body panel. That complainant accordingly waits for 2 months and then on 17.05.2019 OP No.2 again closed the complaint without solving the issue. That complainant has again on 03.06.2019 registered a new complaint vide complaint No.19060311229. That OP text to complainant that he shall renew his warranty period by paying Rs.5000/- more. That complainant refused to do so and asked the OP No.2 to change plastic panel of Air Conditioner. Then OP No.2 again cancelled his complaint by mentioning false reasons. The complainant again reported the whole matter to customer care by registered a new complaint on 05.06.2019 vide complaint No.19060604777. That OP closed the same without any reason again on 10.06.2019. That OP No.2 has demanded one month time to resolve the issue on 10.06.2019 and requested the complainant not to file new complaint. That it was surprised for complainant that on 15.08.2019 one SMS has come to complainant that his complaint is resolved. That OP No.2 falsely make a SMS of clear the complaint of complainant mentioning that “Work Done” in reality till today no issue is resolved. That OPs have committed mentally harassment, great negligence, deficiency and unfair trade practice with complainant 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 refund the price of AC i.e. Rs.36,500/- and further OPs be directed to pay Rs.2,00,000/-as compensation and Rs.20,000/- as litigation expenses.

2. Notice of the complaint was given to the OPs, but despite service OPs No.2 and 3 failed to appear and ultimately, OPs No.2 and 3 were proceeded against exparte, whereas OP No.1 after availing so many opportunities failed to file written statement and ultimately, the defecne of OP No.1 was struck off, vide order dated 23.02.2021.

3. In order to prove his respective version, the counsel for the complainant produced on the file his respective evidence.

4. We have heard the argument from learned counsel for the complainant and also gone through the case file very minutely.

5. The complainant has proved that he has purchased the air conditioner from the OPs vide bill dated 07.06.2018 for Rs.36,500/-. The complainant has alleged that he lodged a complaint with the company after the purchase of said air conditioner i.e. 06.03.2019, again on 07.03.2019, 13.03.2019, 03.06.2019, 05.06.2019. The complainant has also alleged that representative of the company has not removed the defect from air conditioner and the air conditioner presently is not dropping water from Air conditioner, as defect of the same has not been removed by the company despite repeated requests of the complainant. Both the OPs have failed to appear before this Commission which clearly proves that they have nothing to say in the matter except to accept the allegations leveled by the complainant. The complainant has proved the purchase of air conditioner from OPs vide bill dated 07.06.2018. He has also proved that air conditioner is not working properly and the defect of the same has not been removed, hence the OPs are liable to replace the air conditioner or refund the price of the air conditioner i.e. Rs.36,500/- to the complainant.

6. In view of the above discussion, the present complaint is allowed and the OPs are directed to replace air conditioner of the complainant or in alternative they refund Rs.36,500/- (Rupee Thirty Six Thousand Five Hundred Only) to the complainant within 45 days. Further, the complainant has been harassed by the OPs as they have failed to replace or remove the defect of the air conditioner, hence the complainant is held entitled for compensation of Rs.5,000/- (Rupee Five Thousand Only) which also be paid by the OPs to the complainant within 45 days from the date of the receipt of the copy of the order, failing which the penal interest @ 6% per annum from the date of purchase till realization liable to be paid by OPs.

7. Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work.

8. File be indexed and consigned to the record room after due compliance.

Announced in open Commission

28^thof September 2021

Kuljit Singh

(President)

Jyotsna

(Member)

Jaswant Singh Dhillon

(Member)