BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.156 of 2015
Date of Institution : 11.9.2015
Date of Decision : 15.12.2016
Sh. D.S. Bansal, Advocate son of Sh. Amar Nath Bansal, resident of House No.257, D.C. Colony, Barnala Road, Sirsa-125055, Tehsil and District Sirsa (Haryana).
……Complainant.
Versus.
1. Rama Electronics, through its Authorized signatory, Ekta Chowk, Old Subzi Mandi, Sirsa-125055 (Haryana).
2. Ludhiana Refrigeration & Repairing Centre, through Sh. Gurdeep Singh, its authorized representative, Opposite Bikaner Nursing Home, Circular Road, Sirsa-125055 (Haryana).
3. Hitachi Home & Life Solutions (India) Limited, Hitachi Complex, Karan Nagar, Kadi, District Mehsana-382727 (Gujarat)
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA……………………….PRESIDENT
SHRI RANBIR SINGH PANGHAL……MEMBER.
Present: Sh. Yogesh Garg, Advocate for the complainant.
Sh. K.R. Jindal, Advocate for the opposite party no.1.
Opposite party no.2 exparte.
Sh. Mahesh Yadav, Advocate for the opposite party no.3.
ORDER
Case of complainant is that he purchased 1.5 ton window air conditioner of Hitachi company from opposite party no.1 for Rs.25,500/- vide bill No.6432 dated 12.12.2012. The op no.1 had given five years full warranty of compressor and one year warranty of other parts of air conditioner as per norms of company. As alleged, within warranty period, air conditioner stopped working on 21.7.2015 and on next day, complainant lodged a complaint with op no.3 on toll free number which was registered at Sr. No.15072200599. Thereafter, Sh. Gurdeep Singh of op no.2 visited his residence who told that compressor of air conditioner has burnt and it would be replaced and air conditioner would be made OK and fitted free of costs, as compressor is well within warranty period. On 22.7.2015, Gurdeep Singh took away the air conditioner with him for replacement of defective compressor with new one. On 24.7.2015, op no.2 replaced the compressor and fitted the same at his residence, but op no.2 demanded Rs.2850/- (Rs.2350/- for gas refilling and Rs.500/- as visiting charges) despite the fact that compressor was within warranty period of five years. Under constrained circumstances of summer season, complainant paid Rs.2850/- vide cash memo No.251 dated 24.7.2015 to Gurdeep Singh employee of op no.2 under protest and the matter was reported to op no.3 through email on 25.7.2015, but in vain. The complainant sent legal notice to ops on 4.8.2015 for refund of Rs.2850/- but to no effect. Hence, this complaint.
2. On notice, op no.1 appeared and replied that the warranty period of air conditioner is one year and that of the compressor for four years, as per norms of the company. The condition of charging gas charges is also written on the warrantee card of air conditioner.
3. OP no.3 in its written statement took several preliminary objections regarding maintainability and jurisdiction etc. The op no.3 simply replied that complainant has made baseless allegations against the op no.3.
4. OP no.2 did not appear despite due service and was proceeded against exparte.
5. The complainant has produced his affidavit Ex.C1, copy of bill Ex.C2, copy of warranty card Ex.C3, copy of cash/ credit memo of Rs.2850/- Ex.C4, copy of e-mail dated 25.7.2015 Ex.C5, copy of legal notice Ex.C6, copies of postal receipts Ex.C7. On the other hand, op no.1 produced affidavit Ex.R1. OP no.3 produced affidavit Ex.R2, copy of warranty card Ex.R3.
6. We have heard learned counsel for the parties and have gone through the case file carefully.
7. Admittedly, the compressor of the air conditioner in question which was carrying warranty of 60 months was burnt on 21.7.2015 after purchase of air conditioner on 12.12.2012 i.e. within warranty period and same was replaced on 24.7.2015 but opposite party no.2 has charged an amount of Rs.2850/- from complainant on account of gas filling and visiting charges as is evident from copy of cash/credit memo dated 24.7.2015 Ex.C4. The op no.2 has wrongly charged that amount from the complainant as the compressor was burnt within warranty period and therefore after replacement of the same, the gas was to be filled free of costs. Moreover, the condition of charging gas charges is not written on the warranty card. The complainant is also not liable to pay any visiting charges to op no.2 as compressor was burnt within warranty period. The op no.3 has also failed to redress the grievance of the complainant despite e-mail dated 25.7.2015. In these circumstances, complainant is entitled to refund of amount of Rs.2850/- from op no.2 and is also entitled to compensation from ops on account of harassment.
8. Thus, we allow the present complaint and direct all the opposite parties jointly and severally to pay a sum of Rs.5,000/- in lump sum to the complainant within a period of one month from the date of receipt of copy of this order, failing which complainant will be entitled to interest @9% per annum from the date of order till actual payment. Copy of this order be supplied to the parties as per rules. File be consigned to record room.
Announced in open Forum. President,
Dated:15.12.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
