Orissa

Jagatsinghapur

CC/28/2022

Gita Choudhury - Complainant(s)

Versus

M/s Sai World - Opp.Party(s)

Mr.N.C.Barik

30 Nov 2022

ORDER

                                                                                        JUDGMENT

 

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking the following reliefs:

            “Direct the opposite parties to replace the old AC and refund the service charges pay compensation of Rs.20,000/- and Rs.5,000/- towards cost of the litigation”.

            The brief facts of the case of the complainant is that, the complainant purchased one Hitachi AC on 10.5.2018 from opposite party No.1 for a sum of Rs.47,000/-. Only for a period of two years the AC performed very well. Thereafter on 05.6.2020 AC stopped cooling and the complainant lodged complaint before Hitachi Customer care and after three months AC was repaired by opposite party No.3 and complainant paid Rs.2,817/-  for repair bill. Then after seven months of repairing, the AC stopped cooling for which she lodged complaint with customer care and the opposite party No.3 repaired the AC taking service charge of Rs.8,430/-. After one month the AC again stopped cooling again she lodged complaint with Hitachi Service and also opposite party No.3 but till date the AC is non operational. The AC stopped cooling again and again within guarantee period and the complainant facing a lot of difficulties due to non operational of the AC and she already paid huge amount towards cost of repairing.

            Notice was issued to opposite parties on 30.3.2022 but the opposite parties did not appear and they were set ex-parte on 07.6.2022.

            We heard the counsel for the complainant and perused the materials and found that complainant has purchased one AC on 10.5.2018 paying Rs.47,000/-  but it started stopping from 05.6.2020 i.e. after two years from the purchase of electronic items. The complainant has filed challan, pleader notice, service charge receipts, Postal Regd. Receipt and filed warranty card where in terms and conditions of warranty specifically in clause-9 warranty for compressor the following has been stipulate “Johnson Controls- Hitachi Air Conditioning India Limited, hereafter referred as ‘JCH-IN’ warrants to the purchaser of the HITACHI split air-conditioner, that for a period of sixty months from the date of Invoice or Installation, whichever is earlier, ‘JCH-IN’ will repair/replace the compressor which proves upon inspection by ‘JCH-IN’ or any of its authorized sales dealer or qualified technician, to have been defective due to manufacturing defect.” As such since the product went out of order within the warranty period, the opposite parties are liable to rectify the defect as such opposite parties are directed to replace the defective parts within 60 days from the date of receipt of the order without claiming any service charge. The opposite parties are also imposed with cost of Rs.500/- towards cost of litigation and Rs.500/- towards mental agony. With the aforesaid observation and direction the consumer complaint is disposed of.