Haryana

StateCommission

A/413/2023

JOHNSON CONTROLS HITACHI AIR CONDITIONING INDIA LTD. - Complainant(s)

Versus

ROHIT KUMAR JHA AND OTHERS - Opp.Party(s)

PUNEET TULI

23 Apr 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                         

                                                          Date of Institution: 20.04.2023

                                                          Date of final hearing:23.04.2024

                                                          Date of Pronouncement: 23.04.2024

 

 

FIRST APPEAL NO.413 OF 2023

 

 

IN THE MATTER OF

 

Johnson Controls-Hitachi Air Conditioning India Ltd. having its registered office at 9^th Floor, Abhijeet-1, Mithakhali Six Road, Ahmadabad, Gujarat-380006.

 

 

                                      ….Appellant

Versus

 

 

 

1. Rohit Kumar Jha son of Shri Yogendra Jha R/o H.No.33, Gali No.4, Sarai Road Sheetla Colony, Gurugram, Haryana.
2. Amber Enterprises having its office at Unit-5 Plot No.H-23 Selaqui-24811, Dehradun, Uttarakhand through its Managing Director (Manufacturer).
3. Dawar’s Kitchen Mart having its office at Jacobpura road near Govt. Girls Sr.  Sec. School, Gurugram, Haryana through its authorized person.
4. Pahuja Aircon Pvt. Ltd. having its office at opposite Good Earth City Centre, BanniSqaure, New Colony, Gurugram through its Managing Director.
5. Cool Air Conditioning having its office at Mata Mandir road, Rajiv Nagar Gurgaon, Haryana-122001 through its authorized signatory.

 

....Respondents

 

         

CORAM:   Hon’ble Mr. Justice T.P.S. Mann, President

                   Ms. Manjula, Member                                                                                                                                         

 

Present:     Shri Punit Tuli, counsel for the appellant.

                   None for respondent No.1.

 

 

 

 

PER: T.P.S. MANN, J.

 

ORDER

 

 

1. The present appeal was filed by Johnson Controls-Hitachi Air Conditioning India Ltd. for challenging the order dated 07.12.2022 passed by the District Consumer Disputes Redressal Forum, Gurgaon whereby the complaint preferred by complainant Rohit Kumar Jha was disposed of with a direction to opposite parties No.1 and 2 to replace the defective AC with a new one of Hitachi Company with warranty and in case it was not possible, to refund the price of AC i.e. Rs.32,700/- along with interest @9% per annum from the date of filing of this complaint till realization. The complainant was also awarded compensation of Rs.25,000/- on account of suffering harassment and mental agony and Rs.11,000/- as litigation charges.
2. On the previous date, counsel for the appellant stated that during the pendency of the appeal, the matter had been amicably settled.
3. Counsel appearing for the appellant states that the execution has already been disposed of as having been satisfied and under these circumstances, the appellant wants to withdraw the present appeal.
4. Heard.
5. The request made by counsel for the appellant for withdrawing the appeal is allowed as the execution stands satisfied.
6. In view of the above, the appeal is hereby dismissed as withdrawn.
7. The statutory amount of Rs.25,000/- deposited by the appellant at the time of filing of the appeal be refunded in favour of the appellant against proper receipt and identification.
8. Application(s) pending, if any, stand disposed of in terms of the aforesaid order.
9. A copy of this order be provided to all the parties free of cost as mandated by the law. The order be uploaded forthwith on the website of the Commission for the perusal of the parties.
10. File be consigned to record room along with a copy of this order.

 

 

 

                                                                                      (T.P.S. MANN)

                                                                                      PRESIDENT

 

 

 

                                                                                      (S.P. SOOD)

JUDICIAL MEMBER 

Pronounced On: 23.04.2024

MS