Delhi

East Delhi

CC/830/2013

ASHISH GUPTA - Complainant(s)

Versus

Navrang Audio Video Pvt. Ltd - Opp.Party(s)

29 Nov 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                                                   CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

CC NO.830/2013

IN THE MATTER OF:
 

ASHISH GUPTA

403, ASHIRWAD ENCLAVE ,

PLOT NO. 104, 1 P EXTENSION,

DELHI 110092

 

 

Complainant

 

Vs

 

1. M/S. NAVRANG AUDIO VIDEO (P) LTD.

D-10, LAXI NAGAR, VIKAS MARG, DELHI-110092

 

 

2. M/S HITACHI HOME & LIFE SOLUTION (INDIA) Ltd.
9.  
10.  

 

 

3. PRAKASH KUMAR,

BRANCH SERVICE INCHARGE

M/S HITACHI HOME & LIFE SOLUTIONS (INDIA) LTD.

GROUND FLOOR, 35, FIE, PATPARGANJ INDUSTRIAL AREA,

1.  

 

 

 

Opposite Parties

 

 

                                                                                      Date of Admission - 11/10/2013

                                                                                    Date of Order          - 27/01/2016

 

ORDER

SH. N. A. ZAIDI, PRESIDENT

This complaint has been filed with the allegation that the complainant was suffering from bipolar disease. He was advised to remain in AC. He purchased one unit AC on 18/04/2012 from Respondent No.1 of Hitachi vide retail invoice No. 3529 and paid a sum of Rs.26,500/-. It was installed at his residence with a warranty of one year. The AC was having a cooling problem. On 19/05/2013 he called the Respondent to correct cooling problem. The representative of Hitachi confirms that it has a manufacturing defect, he suggested that he will take out the Machine and will do the repair job and will fix the same. Despite various repairing at the sight it could not be repaired, It is suffering from manufacturing defect. The Respondent promised to extend the warranty of the AC from 12/05 /2013 to 21/08/2013. He made several calls. The details of the same have been given in Para 11 but the defects were not removed. The Respondent have committed fundamental breach of terms and conditions. The Complainant has prayed for the refund of the amount and compensation of Rs.18 Lacs.

            Respondent filed their reply wherein it is alleged that the Respondent has provided service under warranty as per terms and all the issues raised by the Complainant has been resolved. The warranty was further extended for 4 months. The Complainant was adamant for replacement of the AC which is against the policy of the company. He is making false allegation. The Complainant was ready for settlement but letter on refused to accept the cheque or the purchase amount that was offered by the Respondent No.2. He has filed the present complaint with mala fide intention.

            Both the parties have filed on record their respective evidence.

            Heard and perused the record.

            The Counsel for the Complainant pointed out that it is clear from the pleadings of the Respondent that the product in question was having manufacturing defect and it was causing problem right from the very beginning. The complaint made by the Complainant to the Respondent for rectification of the defects has also not been denied. Annexure-C is the letter of the Respondent extended warranty for four months. The Job Sheet filed by the Complainant reflects that he made repeated complaints during the period of warranty. In reply to the notice of the complainant, this much has only been said that they will finally reply within 15 days but the details which are mentioned in the notice and evidence have never been controverted. The Counsel for the Complainant pointed out that the Respondent admitted in the written statement that they were prepared to refund to the Complainant the cost of the AC and this was only possible when the Respondent is satisfied that the product is defective and the defect cannot be rectified.

            We find substance in the submission of the Ld. Cl. for the Complainant. The para 3 of the reply is very clear. Taking all the facts and circumstances into consideration, we conclude that the AC installed in the rooms of the Complainant was suffering from defect which cannot be cured/repaired.

            We allow this complaint. The Respondent is directed to refund to the Complainant a sum of Rs.26,500/- along with 9% interest thereon from the date of filing this complaint till the amount is finally paid. The Complainant has been is subjected to harassment, metal pain and agony, we allow compensation of Rs.10,000/-  which shall also include the cost of litigation.

            Let all the amount be paid within 45 days from the date of this order. If not paid the Complainant shall be entitled for 9% interest from the date of the order till it is finally paid.

Copy of this order be provided to both the parties.

 

 

(DR.P.N.TIWARI)                        (POONAM MALHOTRA)                                (N.A.ZAIDI)                                                                                                                                                    MEMBER                                       MEMBER                                        PRESIDENT