OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT.
A N D
Smt.S..Mallick & Sri K.K.Mohanty,
Members.
Consumer Complaint No. 85 of 2018
Date of Filling : - 01.12.2018.
Date of Order :- 22.11.2019.
Niraj Pati,S/O.Late Ratnakar Pati,
At- Annanda Nagar (Matia Sahi),P.O.
Hakimpada,,Dist.Angul.
_________________________Complainant
Vrs.
01.Raj Electronic Plazza,At- Kandasara,N.H.55
(Tata Motors,Monalisha),P.S.Nalco Nagar,
Dist.Angul,Pin- 759122.
02. Pradhan Refrigeration,Similiupada,Authorised
Hitachi Service Center,Near Hotel Image-in, Angul, At/P.O/Dist.-Angul.
03.Hitachhi India Pvt.Latd,At-Tower B,World Mark-1,
Aero City,New Delhi- 110037
_________________________Opp.parties.
For the complainant : - Sri Md.Azad & associates (Advs.)
For the opp.party No.1 & 2 :- None.
For the opp.party No.3 :- Delete.
: O R D E R :
Sri K.K.mohanty,Member.
The complainant has filed this case with prayer to provide a new defect free Hitachi AC in replacement of the defective one or to refund price of Rs.50,500/- along with interest and compensation of Rs.1,00,000/- towards causing mental agony and harassment and cost of litigation.
2. The complainant’s case runs thus :-
That the complainant purchased a new A/C Hitachi 1.6T along with stabilizer from OP No.-1 on 13/02/2018 by paying Rs.50,500/- on finance scheme. On 29/02/2019 the staff of OP No.1 installed the AC. On 30/02/2019 the complainant informed to opp. party No.1 for non- cooling of AC and sound etc. The opp.party No.1 could not solve the problem and advised to inform the matter to the manufacturer. The complainant made a complain on 06/04/2018 over toll free number and finally opp.party Nos. 1&3 attended the problem and filled Gas on AC and kept for observation. Again on 18/04/2018 the same problem of the AC repeated. The service Engineer could not solve the problem rather declared the AC as manufacturing defect and did not repair or refund the money. Hence the case.
3. Despite receipt of summons by Regd. Post, opp. parties No.-1&2 did not respond for which they have been set ex-parte. On the prayer of the complainant the name of the opp. party no.-3 has been deleted from the cause title. So the case is against opp. parties no.-1&2.
4. The complainant has filed cash receipt which primafaci proof that he has purchased the AC from the opp. party no-1 for Rs.33,984.38+ Rs.9515.62= Total Rs.43,500.00 but within very short period defects arose in the AC. Thus, despite spending money the complainant was debarred from using it and suffered a lot of mental agony and monetary loss. Despite repeated requests to opp. parties 1&2, they did not take any steps either for repairing or refunding the value of the AC to the complainant. Lastly the opp. parties did not appear in the case and became ex-parte. Therefore this forum has no other way than to believe the version(case) of the complainant. Hence this forum is driven to irresistible conclusion that opp. party No.1 has sold a defective AC to the complainant and despite repeated requests opp. parties 1&2 failed to repair it for which he has sustained mental agony and monetary loss which should be compensated by opp. parties 1&2.
5. Hence the order.
: O R D E R :
The case is disposed of ex-parte against opp. parties 1&2. The opp. parties 1&2 are jointly and severally liable to pay the cost of the AC i.e. Rs. 43,500/- (Rupees Forty-Three Thousand Five Hundred) to the complainant along with Rs.10,000/-(Rupees Ten Thousand) towards mental agony and Rs.5,000/- (Rupees Five Thousand) towards cost of litigation to the complainant within 30 days of getting this order. It is made clear that in case of any deviation of this order opp. parties 1&2 shall pay 14% quarterly compoundable interest on the value of the AC i.e. the awarded amount of RS.43,500/- (Rupees Forty-Three Thousand Five Hundred) from the date of purchase of the AC and the awarded amount of Rs.10,000/- (Rupees Ten Thousand) towards mental agony and Rs.5,000/-(Rupees Five Thousand) towards cost of litigation = total Rs.15,000/- (Rupees Fifteen Thousand) shall carry 14% quarterly compoundable interest from the 31st day of getting this order. After getting the awarded amount, the complainant shall return the AC to the opp. party no-1 who shall receive it by granting acknowledgement.
Order delivered in the open forum today the 22nd November,2019 with hand and seal of this Forum.
Typed to my dictation
and corrected by me
(Sri D.C. Mishra) President.
( Mr. K.K.Mohanty)
Member.
(Smt.S.Mallick)
Member.
