Punjab

Fatehgarh Sahib

CC/46/2019

Ramanpreet Singh - Complainant(s)

Versus

Punjab Enterprises - Opp.Party(s)

Sh. Kulveer Singh

02 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                                    COMMISSION

                                FATEHGARH SAHIB

 

Complaint No.	:	CC/46 of 2019
Date of Institution	:	02/08/2019
Date of Decision	:	02/05/2023

 

Ramanpreet Singh aged about 33 years son of Sh. Gurjaib Singh , resident of House no.348 , Ward no.16 , Near Kaka Rattan Di Kothi , Sirhind , Tehsil and District Fatehgarh Sahib. 

 

1.  

 

1. Punjab Enterprises , Hamayupur Railway road , Sirhind , Tehsil and District Fatehgarh Sahib through its authorized signatory.
2. Johnson controls Hitachi- Air Conditioning India Limited. ,  Head office at 802A and 802B, Tower 2 , 8^th  Floor , Konnectus Building , Bhavbhuti  Marg , Near Minto Bridge Connaught Place , New Delhi -110001
2.  
3. Johnson controls Hitachi- Air Conditioning India Limited. ,  Branch office at 47-C , Near Canara  Bank , Chandigarh Pin code 160047 through its authorized signatory.

 

 

                                                                              ..………....... Opposite Parties

Complaint under Sections 12 to 14  of Consumer Protection Act 1986(Old)

 

Quorum

Sh. S.K.Aggarwal, President

Ms. Shivani Bhargava,  Member

Sh. Manjit Singh Bhinder, Member

Present: Sh.Kulveer Singh Noorie, counsel for complainant .

              None for the OPs.

    

            The complaint has been filed against the OPs (opposite parties)  under Section 11 to 14 of Consumer Protection Act-1986(old) alleging deficiency in service with the prayer to give directions to the OPs to replace the Air Conditioner and pay  Rs.2,00,000/-  as compensation for harassment to the complainant .

1.  The complainant had purchased one  Hitachi split 1.5 Ton inverter AC , Model RSBS18HBEA.Z  worth Rs.47,000/-  from the OP no.1 on 26.4.2019.  and the same was financed through Bajaj Finance Service. After some days i.e on 12.5.2019 , some  issued arose in outdoor unit of AC , it made too much noise all the time and it  got automatically off and on.  On the advice of OP no.1 , on 16.5.2019 , complainant lodged the complaint to OPs no.2 and 3 on their customer care service centre. The technician of OPs visited the house of complainant to inspect the AC but he could not rectify the defect.  After that , the complainant made numerous complaints and sent E-mail    to the OPs. Again their service technicians visited complainant’s house to resolve the said fault of AC, but they failed to resolve the fault. There is manufacturing defect in the AC. Hence this complaint.
2.    Notice of the complaint was given to the OPs  through registered Post.  OP no.1  appeared in person and filed written version. OPs no.2 and 3 appeared through their counsel and filed written version.
3. The complaint has been contested by the OP no.1 ,   filed written version by raising Preliminary objection.  The technician found no fault in the AC. The noise comes from outdoor unit Machine of every A.C.   There is no manufacturing defect in the AC as alleged by the complainant. OP1 prayed for dismissal of complaint with cost.
4. The complaint have been contested by the OPs no.2 and 3 and  jointly filed written version by  raising various Preliminary objection. The complainant failed to understand the working of inverter AC that when a settled temperature is achieved , compressor turns to idle condition to save energy and that is main purpose of inverter AC. Upon receipt of the complaint by the complainant the technician of the OP n.3 visited complainant’s house and examined the product by performing requisite test and perimeters were checked in presence of the complainant. The said AC was functioning to exquisitely .  The OPs’ technical team  again inspected the A.C on 27.6.2019, informed the complainant that the said AC is functioning to exquisitely. Hence OPs  no.2 and 3 have prayed for dismissal of complaint with cost.
5. In support of his complaint , complainant tendered in evidence Ex.CW1/A his affidavit,  Ex.CW2/A affidavit of Honey Malhotra copies of documents i. e Ex.C1   invoice dated 26.4.2019 , Ex.C2 to Ex.C18compliants made to OPs. Ex.C19 and Ex.C20 E-Mails , Ex.C21 Photograph and closed his evidence.  
6.  . In rebuttal , the OP no.1 tendered in evidence his affidavit Ex.OP1/1. OPs no.2 and 3 tendered in evidence  Ex.OP2/1 affidavit of Mohd. Afzal Vohra , copies of documents i.e OP2/2 warranty card, Ex.OP2/3 to Ex.Op2/6 and closed their evidence and closed their evidence.
7. Heard. Entire record has been perused.
8. Admittedly , the complainant purchased Hitachi  AC spilt 1.5 Model RSBS18HBEA.Z  ( SE-180532413) (180545612)worth Rs.47,000/-  from the OP no.1 vide Ex.C1,  The main grouse of the complainant was that A.C  compressor was making a lot of noise  than normal.  It automatically got on & off.  It did not  give desired cooling as per inverter technology .  The complainant purchased  AC on  26.4.2019  . However on 16.5.2019 some problem occurred in the AC and he lodged complaint with Ops vide Ex.C2. The service technicians of  the OPs  tried  to rectify the  defect  but  they failed. Thereafter complainant made a lot of complaints to the Ops vide Ex.C3 to Ex.C20. From  the perusal of the record on file  , we find that  during the pendency  of the complaint, service engineers again  tried to rectify the defect vide Ex.C21. It pointed out that blower motor of the AC in question was not working and INDS/PCB & Out/PCB done by OPs no.2 and 3.  Blower motor was replaced by OPs but said defect continued to persist  . In our view , goods are considered as  defective  even  if after rectifying  the defects, they continue to  persist. Therefore , the refund of the cost of the goods is always the  better option.
9. Keeping in view the above facts and circumstances the complaint is Partly allowed. OPs  are held liable for  deficiency in service. The OPs1,2,3 are directed jointly & Severally as under:-

[a]  To   refund the Price of A.C i.e Rs.47,000/-  to the complainant  along with interest  @ 6% P.A from the date of filing of complaint within 30 days, failing which interest @ 9% P.A. shall be payable.

              [b] To pay Rs5,000/- compensation for harassment and litigation charges to the complainant. 

    Compliance of the order be made by the OPs no.1 ,2, 3 within30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record Room.   

   Pronounced 2 May 2023.

                                                           

                                                                      (S.K. Aggarwal)

                                                                      President

                                                                     

    

                                                                             (Shivani Bhargava)

                                                                              Member

 

                                                                             ( Manjit Singh Bhinder )

                                                                                          Member