Delhi

New Delhi

CC/172/2019

SHRI VIKAS - Complainant(s)

Versus

M/S. HITACHI INDIA PVT. LTD. & ANR. - Opp.Party(s)

23 Jul 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.172/2019                                 Dated:

In the matter of:

Sh. Vikas,

S/o Late Inderraj,

R/o H.No.F-29, Aruna Nagar,

Majnu Ka Tilla,

Civil Lines,

Delhi-54.

 

.

                           ……..COMPLAINANT

VERSUS

 

1. Hitachi India Pvt. Ltd.

(Corporate Office)

Unit No.802A-802B,

              8^th Floor, Connectus Building

Tower-2, Bhavbhuti Marg,

Connaught Place,

New Delhi-01.

 

2. Sargam India Electronics Pvt. Ltd.,

Through its Director,

Shop No.47, South Patel Nagar Market,

New Delhi-11008

                                                                                                                       …............................OPPOSITE PARTIES

 

NIPUR CHANDNA, MEMBER

ORDER

 

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that the complainant booked a Window AC Hitachi 1.5 tone RAW-318KUD with OP-2 and the same was delivered vide invoice  no.GST-PN-3690 dt.23.7.2017  along with an SPS DG Stabilizer DGC 140V-280V for as sum of Rs.25,500/. The said AC was installed at the residence of complainant, initially the function of AC was proper but during the summer season,  it started creating problems. As such,  the complainant approached OP-2 in the first week of June, 2018, thereafter an engineer from OP-1 visited the house of complainant, who apprized him that due to non-functioning of compressor, there is no cooling from the AC.  The said engineer carried out service of AC in question and assured that it would function properly.  On 2.7.2018, the complainant again lodged his complainant with OP-1, the official of OP-1 again visited the house of complainant and took the AC to the company.  On 3.7.2018, the AC in question was installed  and after reinstallation, the same remained  in operation only for a period of 20 days.

2.     It is submitted that on various occasion due to defective AC he had to visit OPs and every time the official of the OPs after carrying on some repairing work returned back the same to the complainant. The act of OPs clearly shows that the OP-1 has failed to remove the defect of AC purchased by the complainant from  OP-2 during the warranty period. Thereafter, the complainant sent a notice dt. 3.8.2018 to the OPs against which OP carried out some repaired and installed the AC again  in the month of August, 2018. Due to change in the weather conditions, the AC was not required and as such, after some time, in the last week of May, 2019, the said AC again developed the same problem and after complained the OP-1 inspected the AC and charged Rs.500/- but despite this AC could not function properly.   It is submitted that the complainant made various calls to OP-1 regarding the defective AC  and asked him to replace the same. Despite his repeated request nothing has been done by the OPs to resolve the matter,  hence this complaint.

3.     Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It is submitted by the complainant that office of OP-1 is situated at Connaught Place, New Delhi,  within the territorial jurisdiction of this Forum, so this Forum was competent to adjudicate the matter.

4.     In the present case, the complainant purchased the AC in question from South Patel Nagar Market, New Delhi which does not fall within the Territorial Jurisdiction of this Forum.  Perusal of the file shows that the complainant has failed to place on record any document which proves that  service/repairing of said AC was carried out  from the office of the OP-1 at Connaught Place, New Delhi,  hence, neither the OP nor the cause of action arose within the Territorial Jurisdiction of this District Forum.

5. On the issue of territorial jurisdiction, we are guided by the Hon’ble National Commission in Revision Petition bearing No.575/18 was filed by the petitioner Sh. Prem Joshi against the order of Hon’ble State Commission dated 1.11.2017 titled as Prem Joshi Vs. Jurasik Park Inn, in which the Hon’ble National Commission held as under on 1/3/2018:-

“In terms of Section 11 of the Consumer Protection Act, a complaint can be instituted inter-alia in a District Forum within the local limits of whose jurisdiction the cause of action only or in part arises.  The case of the complainant is that the ticket for visiting the amusement park was purchased by him online in his office in Karol Bagh and it is the District Forum at Tis Hazari has territorial jurisdiction over the mattes in which cause of action arises in Karol Bagh.  The cause of action is bundle of facts which a person will have to prove in order to succeed in the Lis.  Therefore, in order to succeed in the consumer complaint, the complainant will necessarily have to prove the purchase of the ticket in entering amusement park situated at Sonepat.  Since the tickets was allegedly purchased at the office of the complainant situated in Karol Bagh, the Distict Forum having territorial jurisdiction over Karol Bagh area would have the requisite jurisdiction to entertain the consumer complaint”.

 

6.     Therefore, we hold that this District Forum has no territorial jurisdiction to entertain and adjudicate the present complaint in the light of the judgment of Hon’ble National Commission titled as Prem Joshi Vs. Jurasik Part Inn in Revision Petition No.575/18 and the legal position discussed above.  Let the complaint be returned to the complainant along with documents for presenting before the concerned District Forum in accordance with Law.

 

Copy  of   the order may  be  forwarded  to  the  complainant  to   the

case free of cost as statutorily required. The orders be uploaded on www.confonet.nic.in File be consigned to Record Room.

 

Announced in open Forum on  23/07/2019

 

 

ARUN KUMAR ARYA)

PRESIDENT

                                    (NIPUR CHANDNA)                                      (H M VYAS)

                                      MEMBER                                                    MEMBER