Orissa

Cuttak

CC/55/2022

Tapas Barik - Complainant(s)

Versus

Proprietor,Patra Electronics - Opp.Party(s)

A K Samal

15 Dec 2022

ORDER

 

 

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.55/2022

 

Tapas Barik,

S/O:LateBhagabatBarik,Permanent resident of

At:RaghunathNagar,PO/PS:Mahanga,Dist:Cuttack,

At present residing At:Rajabagicha,

PO:TalaTelengaBazar,Town/Dist:Cuttack,

Pin-753009,Odisha.                                ... Complainant.

 

                                                                Vrs.

1. M/s. Patra Electronics

(Authorised Dealer of Hitachi Air-conditioner)

Sector-6,CDA,Infront of Rotary Eye Hospital,

Town/Dist:Cuttack,Pin-753014,

Odisha, represented by its Proprietor/Partner.

 

2. JOHNSON CONTROLS – HITACHI AIR CONDITIONING INDIA LIMITED

Regd. Office:9^thFloor,Abhijeet-I,Mithakhali,

Six Roads,Ahmedabad-380006,Gujarat,India,

Represented by its Managing Director.

 

3. M/S. G.N.SERVICES(Authorised Service Centre

Of Hitachi Airconditioner),Plot No.1673/2872,

At:JhanjiriMangala,PO:Telenga Bazar,

Town/Dist:Cuttack,Pin-753009,Odisha,

Represented by its Proprietor/Partner.                                               ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

               Date of filing:     04.04.2022

Date of Order:    15.12.2022

 

For the complainant:           Mr. A.K.Samal,Advocate.

For the O.P No.1       :          Mr. S.Mohanty,Adv. & Associates.

For the O.Ps no.2 & 3:              None.

 

Sri Debasish Nayak,President.           

          The case of the complainant as made in the complaint petition in short is that he had purchased one Hitachi Split Air Conditioner bearing model no.R410A-RSOG518HDEA by obtaining finance from Bajaj Finserv Ltd. On 31.3.21 alongwith a Microtek-Stabilizer bearing model no.EM4090 from the O. Ps.  Five months after such purchase defects developed in the said Air Conditioner for which the complainant had registered a complaint.  The technician of the O.Ps could find out that the power PCB and the Motor of the Indoor Unit of the Hitachi Split Air Conditioner were defective which he replaced, but inspite of those replacements, the said Hitachi Split Air Conditioner could not function properly.The technician then suggested the complainant that the “swing machine”of the A.C requires to be replaced also for which he advised the complainant to lodge another complaint.  Accordingly, the complainant had lodged another complaint on 2.11.21 but on the plea of non-availability of spare parts, the same was not replaced by the O.Ps.  On 21.12.21 the technician in response to the complaint of the complainant had replaced the power PCB of the Indoor Unit alongwith the swing motor and as a result of which the said Hitachi Split Air Conditioner functioned well but for some days only.  From time to time the said Hitachi Split Air Conditioner was becoming defective and was being repaired on several occasions for which the complainant had sustained huge financial loss.  The O.Ps informed the complainant that the inverter was to be replaced for which the complainant had purchased one D.C. Inverter but still the defects persisted for which the complainant had sent a legal notice to the O.Ps and ultimately had to file this case seeking direction to the O.Ps in order to replace the defective Hitachi Split Air Conditioner or to refund the cost of the Hitachi Split Air Conditioner to him alongwith interest thereon @ 12% per annum from the date of purchase till the date of actual payment.  The complainant has further claimed a sum of Rs.1,00,000/- from the O.Ps towards his mental agony and harassment, he has claimed cost of the case of Rs.10,000/- and has sought for any other reliefs as found fit and proper.

          The complainant has filed several copies of documents alongwith photo copies of the Hitachi Split Air Conditioner and its parts in order to prove his case.

2.       Out of the three O.Ps, as arrayed in this case, having not contested O.Ps no.2 & 3 have been set exparte vide order dt.17.6.22.  However, O.P no.1 has contested this case and has filed his written version wherein he has alleged that the case of the complainant is not maintainable which is liable to be dismissed.  O.P no.1 admits to have sold a Hitachi Split Air Conditioner bearing model no.R410A-RSOG518HDEA to the complainant which was not worked properly after few months of its purchase.  He also admits that the matter was complained by the complainant to the Customer Care and even though rectified time and again, the said Air Conditioner machine could not work properly.  But according to the O.P no.1, the case of the complainant is not maintainable which is liable to be dismissed.  He has stated through his written version that the case against him is not maintainable as he is not the manufacturer but rather, he is only the seller being the dealer of the Hitachi Company and he is notalso providing any service after sale of the same to the customers.  Thus, the O.P no.1 has prayed to dismiss the case.

3.    Keeping in mind the averments as made in the complaint petition and the contents of the written version of O.P no.1, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

The complainant has filed his evidence on affidavit which when perused it is noticed that the same is only reiteration of the averments as made by the complainant in his complaint petition.

 

IssuesNo.i&ii.

Out of the three issues, Issues no.i& ii being the most pertinent issue are taken up together  first for consideration here in this case.

Admittedly, here in this case the complainant had purchased a Split Air Conditioner of Hitachi by getting finance through Bajaj Finserv Ltd.  The said Air Conditioner machine was purchased from O.P no.1.  Admittedly, the said Air Conditioner of the complainant had developed certain defects which still persisted even though the A.C. machine parts were replaced/repaired by the technician of the O.Ps.  The complainant had to file this case being dissatisfied with the service as rendered to him by the O.Ps.  Even within the subsistence of the warranty period, the said Air Conditioner machine had developed some defects which could not be rectified even though those parts were replaced/repaired.  Thus by filing this case, the case of the complainant appears to be maintainable as because the O.Ps could not rectify the defects through their technicians and have not also replaced the said defective Split Air Conditioner machine of the complainant as requested by him.  Accordingly, this issue goes in favour of the complainant.

Issue no.iii.

From the discussions as made above, it is noticed that the complainant is entitled to the reliefs as claimed by him.

                                    ORDER

The case is decreed on contest against the O.P no.1 and exparte against O.Ps No.2 & 3.   All the O.Ps are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to replace the defective Hitachi Split Air Conditioner of the complainant within a month hence or in the alternative to reimburse the total value of the said Hitachi Split Air Conditioner machine as paid by the complainant together with interest thereon @ 12% per annum with effect from 31.3.21 till the total amount is quantified.  The O.Ps are further directed to pay a sum of Rs.1,00,000/- to the complainant towards his mental agony and harassment and further to  bear his litigation expenses to the tune of Rs.10,000/-.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 15^th day of December,2022 under the seal and signature of this Commission.   

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                                                                                                                       Sri Sibananda Mohanty

                                                                       Member