OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Mrs. S.MALLICK & Sri K.K.Mohanty,
MEMBER .
Consumer Complaint No. 77 of 2015
Date of Filling : - 30.06.2015.
Date of Order :- 20.09.2016.
Gandarb Biswal,S/O.Narayan Biswal,
Residing At/P.O.Gotamara,P.S.Banarpal,
Dist.Angul.
_________________________Complainant.
Vrs.
- Ganesh Enterprises,At-Bazar Chowk,Angul,
-
- Hitachi Home & Life Solution(India),
Hitachi Complex,Karen nagar,Kadi,
_________________________ Opp. parties.
For the complainant :- Sri A.K.Bisoi & associates(Advs.)
For the opp.party No.1 :- Sri A.K.Mishra & associates(Advs.)
For the opp.party No.2 :- None.
: J U D G E M E N T :
Sri D. C. Mishra, President.
The complainant has filed this case with prayer to direct his opp.parties to refund his loss of his A/C which he has purchased form them along with bank interest compensation for deficiency of service and cost of litigation.
2. Briefly stated the complainant and case runs thus.-
That on 10.5.2015 the complainant purchased one 1.5 tone Hitachi A/C. bearing model No.KAC518HUDI,OD No. 150D48054 and having I.D. No.326624545 by paying full value of Rs. 43,400/- through invoice No.441 from O.P. No.1 and the O.P. had assured good service and maintenance in future. After purchasing the A/C on 13.5.2015 ,the O.P. No.1 deputed his mechanic for installation of the purchased A/C. in the house of the complainant, who found the A/C not functioning properly and not Colling the air for which he advised the complainant to inform the matter immediately to O.P. No.1 and as well as to service engineer customer care. That on the same day i.e. on 13.5.2015 the complainant mate O.P. No.1 and requested his to repair the A.C. and the O.P. No.1 assured to repair the A.C. on 14.5.2015 by his main mechanic but in vain .After repeated approaches the O.P. No.1 did not take any step and advice the complainant to contact the service engineer of customer care for emergency action for proper repairing of the A.C. but no fruitful result could be achieved by the complainant. So as per advise of the customer care the complainant lodged complain number 15 521 02647 to O.P. No.2 . Again on 29.5.2015 the complaint lodged another complaint but to no effect . Then the complainant reported his fact to opp.party No.2 over telephone to which he agreed about lodging of above complaint by the complainant. Then the complainant send e-mail to opp.party No.2 on 23.5.2015 about the defect of the A.C. After 5 days again the complainant sent E-mail on 29.5.2015 but in vain. It is alleged that due to careless and negligent action of the opp.parties by not extending due service. In repairing defective A.C. sold by them, the complainant sustained mental agony bodily pain and most difficulties in summer days although he had purchased the costly new A.C. So he has filed this case, seeking the relives as already stated above in para No.1.
Opp.party No.,2 has remained ex-party in this case. O.P. No.1 has contested the case by filing written version denying all the allegations levelled against him by the complainant with prayer to reject the case being devoid of any merit. According to O.P. No.1 the complainant was supposed to lodge this complaint in authorized service station of opp.party No.2 and to hand over the A.C. there and the opp.party No.1 is not responsible in any manner for it. He has also disputed about the claim of the non cooling by the A/C.
3. In view of the rival deputation of the parties the following issue arises for adjudication by this Forum.
- Whether there is any cause of action to file this case and there is consumer seller/service provider relationship exists between the complainant & opp.parties.
- Whether the Hitachi A/C sold by the opp.party No.1 is defective one.
(iii)Whether after repeated approaches the opp.parties did not take any steps to rectify the defect and thereby caused deficiency in service in violation of their promise.
(iv)Whether the complainant sufferer mental agony , physical torcher and harassment due to negligence of opp.parties.
(v)Whether opp.party No.1 &2 are severally and jointly liable in this case.
(vi)What relief the complainant is entitled to get from the opp.parties if any.
: F I N D I N G S :
Issue No.(i):- Admittedly the complainant had purchased 1.5 ton Hitachi A/C from the OP No-1 Ganesh Enterprises by paying cash of RS. 43,400/- only vide receipt no-441 Dt 10.05.2015 which is Annexture-1 in this case. OP No-2 is Manufacturer Company of the disputed A/C. So there is consumer & seller/service provider relationship between there.
According to the complainant he lodged repeated complains before the opp.party No.1 regarding the non- functioning of A/C and repairing the same but in vain. But opp.party No.1 in his written version averred that he is not at all responsible for repairing the A/C and it was the duty of the complainant to reported and submited the A/C at authorized service center. But such plea of opp.party No.1 is not worthy of acceptance as because he sold the A/C by taking money (profit), for which he has bound on duty to see that the customer is not harassed or put to mental agony. Opp.party No.2 is the manufacturer company for which he is bound to manufacture standard and defect less A/C. Thus opp.party No.2 is also equal liable in this case. The complainant has filed the copies of his E-mail complaint (Annexture-2) and the replies of Hitachi customer service ( Annexure –III) which provides that the opp.parties had admitted had apologized the non -cooling of A/C in question.
Thus the complainant has cause of action to file the case and there is consumer and seller/service provider relation between complainant and the opp.parties.
Issue No.(ii) & (iii):-From the statement of complainant and E-mail complaint of complainant (Annex-II) and the apology letter of the opp.parties ( Annexure –III) it is clear that the impugned A/C was defective and not cooling.
Since the Ops have sold a defective A/C and after repeated approaches did not take any steps for repairing or replacement of A/C, hence both the Ops have made deficiency in service.
Issue No. (iv) & (v):-By paying huge cash the complainant had purchased the A/C for use in summer and to get protection from unbearable summer heat but till today he could not use it. During argument the complainant stated that he has purchased another A/C due to unbearable heat by paying huge cash for which he is suffering mentally, physically & financially. Thus the opp.party No.1&2 have caused deficiency in service. So there jointly and severally liable to pay compensation to the complainant with litigation expenses.
Issue No.(vi):- In view of the above discussion made above in issue No.(i),(ii),(iii),(iv) & (v) the opp.parties are jointly and severally liable to pay compensation to the complainant for their negligence and deficiency in service along with litigation charges. Since the complainant has purchased another A/C and by now two summer seasons have already passed, the opp.parties should refund the cost of the A/C along with litigation charges.
4. Hence ordered :-
: ORDER :
This acse is disposed of on contest against app. Party No.-1 and exparte against opp. Party No.-2. The opp.parties are directed to pay jointly and severally Rs. 43,400.00 (Rupees Forty-Three Thousand)only (purchase price of A/C) along with Rs. 5,000.00(Rupees Five Thousand) towards mental agony and Rs. 5000.00(Rupees Five Thousand) towards litigation chargers {in total Rs. 53,000.00(Rupees Fifty-Three Thousand)} to the complainant within 45 (forty-five)days of this order. It is made clear that in case of non -payment of the amount within the stipulated time as directed ,the opp.parties shall pay 8% simple interest on the above amount from after 45days of this order till actual payment is made. Soon after getting the amount the complainant shall return the defective A/C at the show room of opp.party No.1 and the opp.party No.1 shall grant receive to him at once.
Order delivered in the open forum
today the 29th September,2016 with hand and seal of this Forum.
Typed to my dictation
and corrected by me
(Sri D. C. Mishra)
President.
(Sri D. C. Mishra)
President .
(Mrs. S. Mallick)
Member.
(Sri K.K.Mohanty),
Member.
