District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.552/2021.
Date of Institution: 26.10.2021.
Date of Order: 06.01.2023.
Sanjeev son of Sh. Bir Singh resident of D-84, Main Gali Block D, Near Patel Chowk, NIT Faridabad.,, Haryana.
…….Complainant……..
Versus
1. Vijay Sales (India) Pvt. Ltd., HARYANA (Warehouse – Faridabad) Basement, Ground and first floor, Plot No.23, Sector-20A, Faridabad, Haryana.
2. Johnson Controls Hitachi Air Conditioning India Ltd. (Formerly known as Hitachi Home & Life Solutions (India) Ltd., Head Office: Hitachi Complex, Karan Nagar, Kadi, Distt. Mehsana – 382715, Gujarat, India.
Regd, Office:
Johnson Controls Hitachi Air Conditioning India Ltd., Abhijeet-I, 9th floor, 903-904, Mithakhali Six road, Navrangpura, Ahmedabad.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. J.S.Joon, counsel for the complainant.
Sh. Rakesh Kumar Gupta, counsel for opposite party No.1.
Sh. Ravi Nagpal, counsel for opposite party No.2.
ORDER:
The facts in brief of the complaint are that the complainant purchased Air condition (1.5 Ton Window AC) Hitachi AC RAW318HDEA (3 Star Inverter) bearing Invoice/Bill No. HFG-B-S1850 dated 14.04.2021 for a sum of Rs.32,000/- from the opposite party No.1 which was authorized to sell on behalf of opposite party No.2. The warranty had been given by the opposite party No.1 in respect of the window AC Hitachi for one years and with defect of compressor was give years from the date of invoice and assured the complainant to replace the defective part within the warranty period. The above mentioned (1.5 Ton Window AC) Hitachi bear some manufacturing and technical defects and unit defective noise error and Gas Leakage due to the defective noise error the complainant as well as his family members could not sleep peacefully and disturbing the education of the children. On this the complainant, complaint to opposite parties Nos.1 & 2 regarding the said defect, the then technician of opposite party No.2 came at the house of the complainant and search the defect of the said A.C., the then opposite party NO.1 had entire replaced the said A.C. on 21.04.2021 vide invoice NO. HFR-B-SIA439 dated 21.04.2021. After replace of the said A.C approximately one month the said air condition was working properly and thereafter the said A.C also with defective due to the same problem and making a noise error and leakaging of gas in this regard the complainant had registered a complaint on 16.06.2021 vide breakdown request No. 21061600460 for resolving the issue and second complaint was allocated to ARSHU No.
8750556506 on 19.06.2021 for cancellation due to the unable to connect the opposite parties, please call 079-7141-4848 or 075-6788-4848 within 24 hours Hitachi and complaint dated 27.06.2021 and 29.06.2021, after many complaints made to opposite parties Nos.1 & 2. Thereafter the opposite party No.1 had replaced the said AC on 10.07.2021 vide replace challan NO. RC/HFBAD/21-7/10. After replacing the said A.C., only 20 days the said A.C was working properly, thereafter the said unit did not working properly due to the defective noise error and gas leakage and making a very big noises. Thereafter the complainant had again complaint to opposite party No.1 & 2 on 19.08.2020 vide breakdown request No. 21081900405 for resolving the issue, which was allocated to Sumit and Manish their officials/technician and above officials had closed the request of the complainant without solving any problem. Thereafter the complainant made the complaint on 21.08.2021 vide breakdown request NO. 21082103722 which was allocated to the Arshad Technician but all in vain. The complainant made many complaints to the opposite parties regarding the resolving the problems of the said AC but they had not to do so. The complainant also made a complaint on 28.08.2021, thereafter a technician of opposite party No.2 came to the house of the complainant and visited the site of the complainant and found the engineer observation that kit pending, thereafter the engineer/technician of the opposite party No.2 did not visited to the opposite parties to resolve the said problem till today and same problem was arise continuously after made complaint to opposite parties Nos.1 & 2. The said Ac was covered under the warranty period form the date of invoice. The complainant made several complaints to replace the defective Ac of the complainant but the opposite parties deferred the legitimate
request of the complainant on one pretext or the other and kept the complainant in darkness. The complainant sent legal notice dated 02..09.2021 to the opposite parties but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) replace the defective AC and provide proper working condition new brand AC, otherwise to pay the cost of AC for an amount of Rs.32,000/- to the complainant.
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) any other relief which the Hon’ble Commission found fit and proper may also be awarded to the complainant.
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that the complainant had not come to this Hon’ble Court with clean hands and suppressed the material facts before this Hon’ble Forum. It was submitted that the opposite party No.1 was a dealer. It was complaint was received from the consumer then every dealer informed the manufacturing company and he had right to check and removed the defect. Opposite party No. 1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Opposite party No.2 put in appearance through counsel and filed written statement wherein Opposite party No.2 refuted claim of the complainant and submitted that as per the complaint, the complainant had purchased a Hitachi Window AC 1.5 ton from Vijay Sales India Pvt. Ltd. Herein the opposite party No.1 for consideration of INR 32,000/- (inclusive of taxes) on 14.04.2021
manufactured by opposite party No.2 in good and sealed condition after having full satisfaction with the said product. It was submitted that the said products carries a warranty for a period of one year and for a period of five years for the compressor. It was submitted that when the complainant approached the opposite party NO.2 for any issue in the said unit, the technician on behalf of opposite party No.2 visited the premises of the complainant and duly resolved the issue from the said unit against the complaint NO. 21082801943, however despite of it the complainant filed the present complaint by suppressing the material facts of the case jut to harass and extort money from opposite party No.2. It was submitted that whenever the opposite party received any complaint from the customer the same was immediately addressed by the technician on behalf opposite party No.2, the technician on their behalf immediately visited the premises of the complainant however, complainant did not allow the technician to visit and check the said unit in question and adamant for replacement which was impossible as per the terms and conditions of the warranty policy. The complainant got his replacement through the opposite party No.1, however he was not satisfied with that and was also not ready to resolve the issue from the said unit reasons best known to him, therefore, opposite party NO.2 had sent an seeking appointment letter to repair his product on 06.01.2022, however again this time complainant did not respond to it which clearly shows the intentions of the complainant that he did not want to get resolve the issue from the said unit. Opposite party No. 2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties– Vijay Sales India Pvt. Ltd & Anrs. with the prayer to: a) replace the defective AC and provide proper working condition new brand AC, otherwise to pay the cost of AC for an amount of Rs.32,000/- to the complainant. b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) any other relief which the Hon’ble Commission found fit and proper may also be awarded to the complainant.
To establish his case the complainant has led in his evidence, Ex.CW1/ A – affidavit of Sanjeev, Annx.C1 & C2- Tax invoices,, EX.C3 to C6 – wardsapp message, Ex.C-7 – replacement challan, Ex.C-8 – tax invoice, Ex.C-9 to C-15 – wardsapp messages,, Ex.C-16 – complaint against Majahar, Ex. C-17 – call report,, Ex.C-18 – legal notice, Ex.C-19 to C-21 – postal receipts,, Ex.C-22 – adhaar card,
Neither the cost has been paid nor evidence on behalf of opposite parties Nos.1 & 2 filed. Eight opportunities have already been availed by the opposite parties Nos.1 & 2. Therefore, the evidence on behalf of the opposite parties Nos.1 & 2 have been closed vide order dated 03.01.2023.
7. It is evident from Tax Invoice vide Ex.C-1 - the complainant purchased Air condition (1.5 Ton Window AC) Hitachi AC RAW318HDEA (3 Star Inverter) bearing Invoice/Bill No. HFG-B-S1850 dated 14.04.2021 for a sum of Rs.32,000/- from the opposite party No.1. The warranty has been given by the opposite party No.1 in respect of the window AC Hitachi for one years and with defect of compressor is five years from the date of invoice .After few days of installation of A.C, the above said A.C had gone out of order and was not in proper working condition. Lodging of several complaints to opposite parties ipso
facto go to prove that the A.C in question had a manufacturing defect which was not removed by the opposite parties. As such, there was deficiency in service on the part of the opposite parties. Hence complaint is allowed.
8. Opposite parties Nos.1 & 2, jointly & severally, are directed to replace the A.C in question with a new one, of the same price, subject to return the old A.C, within 30 (thirty) days from the date of receipt of copy of this order. Opposite parties Nos.1 & 2 are directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 06.01.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
