ORDER
Per Sh. RakeshKapoor, President
On 24.6.2012, the complainant had purchased one Hitachi HW AC 2 Ton RAU 321150 from OP1 for a sum of Rs 48,000/-. OP2 is the manufacturing of the Ops whereas OP3 is the customer care center of OP2 . It is alleged by the complainant that the AC did not work properly since the day of its purchase. The complainant had lodged several complaints in this regard starting from 22.7.2012. He had lodged the last complaint on 4.6.2012. The complainant had alleged that there is a manufacturing defect which cannot be removed despite the machine being attended to by the service engineers of OP2. He has, therefore, approached this forum for redressal of his grievance.
The Ops had been served. One Rahul Sharma , service executive of the OP had appeared in the forum on 11.11.2014 and had supplied with the copy of the complaint. None had appeared on the Ops thereafter and they are ordered to be proceeded with ex-parte. In his ex-parte evidence, the complainant has filed his own affidavit and has corroborated the contents of the complaint.
We have heard arguments advanced at the bar and have perused the record.
The complainant has placed on record a copy of the invoice dated 24.6.2012 showing the purchase of the 2 Ton AC manufactured by OP2 for a sum of Rs. 48,000/-. In his affidavit the complainant has reiterated that the AC had not worked properly since the day of its purchase and that he had lodged several complaints with the Ops starting from 22.7.2012 and ending on 21.5.2013. he has asserted that the defect in the machine have not been removed despite it being attended to by the engineers of the OP. there is no rebuttal to the above evidence and there is no reason as to why the affidavit filed by the complainant should not be believed. We, therefore, hold that the machine sold to the complainant was defective in nature as the defects could not be removed despite it being attended to several times by the engineers of the Ops. We hold the Ops deficient in rendering services to the complainant and direct Op2 as under:-
- Replace the AC with a new one along with warranty within 15 days.
- Pay to the complainant a sum of Rs. 10,000/- as compensation on pain and agony suffered by him which will also include cost of litigation.
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall belliable to pay interest onthe entire awarded amount @ 10% per annum. IF the OP fails to comply with thi;s order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule. File be consigned to record room.
Announced in open sitting of the Forum on.....................
