Delhi

West Delhi

CC/15/653

ANKIT CHAUHAN - Complainant(s)

Versus

ONIDA INDIA - Opp.Party(s)

24 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO. 653/15

Ankur Chauhan

A/500-501, J.J Colony,

Hastsal  Road , Uttam Nagar                                                                   New Delhi -110059            

VERSUS

1. Mittal Agencies

        A7-A Milap Nagar( Opp. East  Metro Station),

        Uttam Nagar Delhi-110059                 …..           Opposite party No. 1

 

 

2. ONIDA INDIA

        E-4, B-1, Mohan Co-operative  Industrial Estate,

     Badarpur,

      Delhi 110044

      Tel- 011-49503100                               …..       Opposite party No.2

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The facts as alleged in the complaint are that the complainant had purchased an ONIDA Air Conditioner  W122TRD  on 11^th  Aug 2014  worth Rs. 21,000/-  from Mittal Agency , Uttam Nagar, New Delhi-110059.  Immediately after purchase  the product was not properly working.  It had low cooling but  the complaint took some time to see the process of the product  but all in vain.  Thereafter he called customer care of OP on 14.05.2015 where he was told that the engineer could contact him within three days.  Thereafter one Mr. Firdauz or Amit came  on 16.05.2015  and cleaned all the filter and  coils  of air conditioner , however,  in the night   air-conditioner stopped   working . On the next date complainant called the engineer again and he was  told  to contact customer  care.  The engineer  again checked  the air-conditioner  and told the complainant  that  panel  was not working  and needed to be replaced and OP  will replace the same  within one or two days.  Thereafter on  23.05.2015. He again contacted the customer care where he was told that panel was  available in the technical  department and the engineer would contact the complainant  on the same day.  To his surprise one Mr. Deepak  told him that  panel of air-conditioner  was not available with the OP.  It is the  case of complainant  that he had suffered harassment  inconvenience at the ends of OP but  OP did not care to repair  the air conditioner during summer season, therefore,  he made complaint for  refund of price of air-conditioner. 

2. OP  did  not appear despite service  accordingly they were proceeded ex-arte on 18.01.2016.
3. Complainant has filed replication denying contents of written statement and re-affirming the contents of complaint.  He has filed his affidavit in evidence testifying all the facts stated in the complaint.
4. In the instant case the complainant  has placed on record the invoice regarding purchase of air-conditioner  from OP for Rs. 21,000 /- on 11.07.2014 and product started mal functioning within  few months  of its purchase   for which the OP was duly informed but OP did not  take serious steps  to redress the grievance of the complainant.   The complainant was constrained  to file the complaint before this Forum.  The documents placed on record support the contents of complaint even otherwise the complainant hasfiled affidavit on oath. The version of the complainant has gone unchallenged and unrebutted.  We have absolutely no reason to disbelieve the case  of complainant, therefore, we allow the complaint and direct OP to refund the price of  air-conditioner i.e. Rs. 21,000/- to the complainant subject to return of old  air-conditioner to OP within 45 days from receipt of this order failing which  interest @ 6% from the date of institution  of complaint till realization. The complainant is also awarded a sum of           Rs. 5,000/- towards mental agony, harassment and litigation expenses.

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

  Announced this____24__ day of __January_____ 2019.

 

                                                                                                                         ( K.S. MOHI )                                              (PUNEET LAMBA)                                                                                        PRESIDENT                                                

MEMBER