Punjab

Ludhiana

CC/21/498

Paramjit Kaur - Complainant(s)

Versus

New Khurana Radios - Opp.Party(s)

Jarnail Singh Adv.

17 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:498 dated 27.10.2021.                                                        Date of decision: 17.03.2023.

Paramjit Kaur aged about 50 years daughter of late Sh. M.S. Phoolka, resident of 5-SF, HIG Pink Flats, Raj Guru Nagar, Ferozepur Road, Ludhiana.                                                                                                        ..…Complainant

                                                Versus

1. New Khurana Radios, Kochar Market, 15-16 E, Model Gram, Ludhiana, through its Proprietor/Partner.
2.  Johnson Controls, Head Office Hitachi Complex, Karan Nagar, Kadi District, Mehsana Gujrat, India, through its Managing Director/Authorized Signatory.                                                                                                                                      …..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. J.S. Pandher, Advocate.

For OP1                         :         Exparte.

For OP2                         :         Sh. Govind Puri, Advocate for OP2. (Defense                                           of OP2 already struck of vide order dated                                                  26.08.2022)

For OP3                                      :               Complaint against OP3 already dismissed as                                             withdrawn vide order dated 04.05.2022

ORDER

PER JASWINDER SINGH, MEMBER

1.                Shorn of unnecessary details, the facts of the case are that the complainant approached opposite party No.1, a dealer of Hitachi ACS manufactured and supplied by opposite party No.2 and enquired regarding services and quality of the Hitachi goods. Opposite party No.2 persuaded her that the Hitachi AC is the best available in the market with no complaint upon which the complainant purchased Hitachi AC vide invoice No.1182 dated 02.07.2021 for Rs.32,500/-. Opposite party No.1 agreed to install the AC on the same day whereas the AC was installed after three/four days in spite of the repeated requests of the complainant to install the AC at the earliest for which the complainant had to pay Rs.1500/- as installation charges in cash to the person who installed the AC as per directions of opposite party No.1. The complainant submitted that after the installation of the AC, its compressor developed snags due to leakage of gas on 13.07.2021 and stopped cooling and she made a complaint to opposite party No.1 regarding the  said defects on 13.07.2021. But opposite party No.1 did not care to attend the complaint of the complainant regarding non-functioning of the AC for four consecutive days in the hot days of July 2021. The defect was removed after 4 days in spite of repeated requests of the complainant. Due to negligence of opposite party No.1, the complainant had to face inconvenience, mental and physical harassment. The complainant further submitted that the AC again became non-functional in the last week of September 2021 and she informed opposite party No.1 and requested him to remove the defect. Two persons of opposite parties approached her after four/five days of lodging the complaint and told her that the censor of AC is not working due to which the AC has stopped cooling but till date the defect of the AC has not been removed despite repeated requests of the complainant to change the defective piece. The opposite parties have supplied defective Hitachi AC to the complainant after receiving the price of AC besides installation charges but the AC stopped working repeatedly and the opposite parties have not removed the defect nor changed the AC which amounts to negligence of service and unfair trade practice on the part of the opposite parties for which the complainant is entitled to receive compensation of Rs.50,000/- from them. The opposite parties have supplied defective piece of Hitachi AC to the complainant and they are legally bound to supply accurate piece of Hitachi AC to her as per their guarantee. The complainant served notice dated 07.10.2021 through registered post through Sh. Jarnail Singh, Advocate but no reply was received. Hence this complaint whereby the complainant prayed for issuing directions to the opposite parties to change the defective piece of Hitachi AC with new similar piece of Hitachi AC and also to pay compensation of Rs.50,000/- on account of negligent and deficient service and unfair trade practice as well as mental agony and physical harassment caused by the opposite parties.

2.                Notice to opposite party No.1 sent through registered post on 11.11.2021 but none turned up for opposite party No.1 despite service and as such, opposite party No.1 was proceeded against exparte vide order dated 18.04.2022.

3.                Upon notice, Sh. Govind Puri, Advocate appeared on behalf of opposite party No.2 and filed memo of appearance but regular power of attorney and written statement was not filed despite grant of sufficient adjournment for the purpose and as such, defence of opposite party No.2 was struck of vide order dated 26.08.2022. 

4.                Earlier the complaint was filed against opposite party No.3 i.e. VRMR +2, JQ, Model Town Extension, Ludhiana on 27.10.2021 and which was dismissed as withdrawn vide order dated 04.05.2022. However, later on, the complainant filed application for amendment of the complaint by adding opposite party No.2 as party and the said application was allowed vide order dated 04.05.2022. In the said amended complaint only opposite party No.1 and 2 have been arrayed.

5.                In support of her claim, the complainant tendered her affidavit Ex. CA in which she reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of tax invoice dated 02.07.2021, Ex. C2 is the copy of passbook of the complainant, Ex. C3 is the legal notice dated 07.10.2021, Ex. C4 to Ex. C6 are the postal receipts, Ex. C7 is the copy of Aadhar card of the complainant and closed the evidence.

6.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents produced on record by the complainant.   

7.                The complainant on 02.07.2021 purchased the air conditioner from opposite party No.1 and there was delay in installation of the same and the complainant had to pay an amount of Rs.1500/- and the air conditioner was not installed free of charges as promised earlier. The complainant reported leakage of gas on 13.07.2021 which paralyzed the functioning of the air conditioner. It took four days for the opposite parties to resolve the issue. In the last week of September 2021, the air conditioner again stopped cooling. Two representatives of the opposite parties visited the house of the complainant and found that censor of the air conditioner was not working but the same defect was not removed. Legal notice Ex. C3 was also served upon the opposite parties calling upon them to remove the defect by replacing the non-functioning part. So the act and conduct of the opposite parties amounts to deficiency in service. In the given set of facts and circumstances, it would be just and appropriate, if opposite parties are directed to repair the air conditioner comprehensively to the satisfaction of the complainant free of costs and further to pay composite cost of Rs.5,000/-.

8.                As a result of above discussion, the complaint is partly allowed with direction to the opposite parties to repair the air conditioner comprehensively to the satisfaction of the complainant free of costs within 15 days from the date of receipt of copy of order. The opposite parties shall further pay a composite costs of Rs.5000/- (Rupees Five Thousand only) to the complainant. Compliance of order be made within 15 days from the date of receipt of copy of the order. Liability of the opposite parties shall be joint and several. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

9.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                       President         

 

Announced in Open Commission.

Dated:17.03.2023.

Gobind Ram.

 

 

Paramjit Kaur Vs New Khurana Radios                        CC/21/498

Present:       Sh. J.S. Pandher, Advocate for complainant.

                   OP1 exparte.

                   Sh. Govind Puri, Advocate for OP2. (Defense of OP2 already                             struck of vide order dated 26.08.2022)

                   Complaint against OP3 already dismissed as withdrawn vide order                    dated 04.05.2022.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is partly allowed with direction to the opposite parties to repair the air conditioner comprehensively to the satisfaction of the complainant free of costs within 15 days from the date of receipt of copy of order. The opposite parties shall further pay a composite costs of Rs.5000/- (Rupees Five Thousand only) to the complainant. Compliance of order be made within 15 days from the date of receipt of copy of the order. Liability of the opposite parties shall be joint and several. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                       Member                     Member                                       President         

 

Announced in Open Commission.

Dated:17.03.2023.

Gobind Ram.