Delhi

North East

CC/100/2017

SHRI RAVINDER KUMAR - Complainant(s)

Versus

M/S NUTAN ELECTRONICS - Opp.Party(s)

25 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No. 100/17

 

In the matter of:

 

	Shri Ravinder Kumar S/o Shri Seva Ram R/o D-5, New Defence Colony Bhopura, Ghaziabad, U.P.	Complainant
	Versus
1.         2.	M/s Nutan Electronics H-122A, Dilshad Garden Delhi-110095. Through its Proprietor   Hitachi Home & Life Solution (India) Ltd. Registered Office At: 802A & 802B, Tower 2, 8th Floor Konnectus Building, Bhavbhuti Marg Near Minto Bridge, Connaught Place, New Delhi-110001. Through its Director	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

22.03.2017 11.04.2018 25.04.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

 

 

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Case of the complainant is that on 14.04.2016 he had purchased one Hitachi Split Air Conditioner outdoor unit 1.5 Ton model No. RAC 518 KWD alongwith Skybird Stabilizer vide invoice no. NE-R1/16-17/674 from OP1 for a sum of  Rs. 41,700/- paid in cash to OP1(Rs. 35,111/- towards cost of AC and Rs. 1955/- towards cost of Stablizer and VAT extra). The above AC was installed at the residence of the complainant after one week of purchase and the same work satisfactorily only for 4 months but started creating problem for not cooling properly in the month of August and September. The complainant has stated that on 19.09.2016, he had made a complaint to OP2 regarding non-cooling by the AC and the same was registered by break down REQ No. 16091903601 and the technician of OP2 attended the complaint but could but rectify the same and the complaint was disposed off without rectification of the fault vide No. CDN8353. It has been further submitted by the complainant that on 22.09.2016, a complaint was again made vide complaint no. 16090902956 but the complainant found to his surprise that it was automatically cancelled by OP2 by sitting in his office by stating that service has already being done and he also sent a message stating that call No. 16090902956 is closed in their system. Further on 24.09.2016, the complainant made a complaint to OP2 again regarding non-cooling by the AC vide call no. 16091903601 which was also not attended by OP2 and was closed on the same day. Thereafter, the complainant again made a complaint 10.10.2016 which was registered vide request No. 16101002219 on 16.10.2016 and the technician of OP2 attended the aforesaid defect and stated that the gas was found to be leaking from compressor and thereafter the gas was filled up in the compressor by the technician of OP2 and thereafter the above AC was working properly and satisfactorily for a period of one month only but again started creating the same cooling problem. It has been stated by the complainant that on 25.11.2016 the complainant made the complaint vide call no. 16112503694 but no one came to attend the complaint and the same was automatically closed on 26.11.2016 vide CDN 7017. Thereafter on 29.11.2016 the complainant made again a complaint vide request no. 16112907950 for the aforesaid defect which was also not attended by OP2 and the same was closed vide CDN 9545. Thereafter the complainant visited the office of OP1 3-4 times with the complaint of non-cooling and requested to rectify the same or to replace the product but OP1 did not listen to the complainant. Further on 10.03.2017, the complainant made a call at the landline no. 0120-4311807 of OP2 regarding the defect in the aforesaid AC which has not being rectified for the also 5 – 6 months by the OP2. It has been further stated that due to the winter session in the mean time, the cooling could not be checked or tested and on 14.03.2017 the technician of OP2 came to attend the aforesaid defects and stated that there is again gas leakage in the compressor of the aforesaid AC and as such the gas is required to be filled up but on 15.03.2017, the other technician of OP2 stated differently that there is no leakage in the compressor of AC and there may be some other problem for not cooling. It has been stated by the complainant that due to poor and low quality of the product/ deficiency of service, the complainant is suffering a lot financially, physically and mentally and is being exploited/cheated by the OPs by supplying the poor and defective quality product. Further it has been submitted by the complainant that the above AC having some manufacturing defect which was not rectified by the OPs for the last 4-5 months despite purchasing the product for an amount of Rs. 41,700/- and the same being in warranty period upto 14.04.2017 and the OPs are intentionally and deliberately lingering on to rectify the aforesaid manufacturing defect to escape from liabilities. Therefore, it has been by the complainant before this Forum to direct the OP to replace the AC with new one and to pay an amount of Rs. 25,000/- as damages for causing mental and physical pain, harassment, torture and agony to the complainant, in addition to Rs. 11,000/- to be paid by the OPs as cost of litigation expenses to the complainant.

Complainant has annexed copy of retail invoice no. NERI/16-17/674 dated 14^th April 2016, copy of messages.

2. Notice was issued upon OPs on 31.03.2017 for appearance on 28.04.2017 but despite services none of the OPs appeared before this Forum and on 30.05.2017, all the OPs were proceeded against ex-parte.
3. Ex-parte evidence was filed by the complainant wherein he reiterated his contents made in the complaint.
4. Written arguments were filed by the complainant.
5.  We have heard the arguments addressed by the complainant and gone through the documentary evidence submitted by the complainant in support of his contentions.

In the absence of rebuttal by the OPs to the claim / contention/ allegations of the complainant has succeeded in establishment of deficiency in service on the part of OPs as his product was not repaired to the satisfaction of the complainant or replaced despite several complaints made by the complainant to the OPs on different times which were often closed by OPs at its end without resolution of problem of technician visit at complainant’s site. Therefore, holding OP1 and OP2, by virtue of dealer and manufacturer jointly and severally liable towards deficiency of service, we direct the OP1 and OP2 jointly and severally to replace the defective Air Conditioner with brand new one of same specification within 30 days of receipt of this order subject to return of the defective AC by the complainant to the OPs. We also award a sum of Rs. 5,000/- as compensation to the complainant by the OPs jointly and severally for causing mental and physical harassment suffered by him, in addition to an amount of Rs. 5,000/- towards the cost of litigation payable by the OPs to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which OP1 and OP2 shall be liable to refund the entire cost of the AC i.e. Rs. 35,111/- alongwith interest @ 9% from the date of institution of the complaint till realization.

6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 25.04.2018.

 

(N.K. Sharma)      President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member