JUGNU DHILLON Vs. RELIANCE DIGITAL RETAIL LTD.

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the order dated 22.2.2012 passed in Complaint Case No. 570/10 by District Consumer Disputes Redressal Forum (East) Saini Enclave, Delhi -92. Facts of the case are that on 25.2.2010 complainant/appellant purchased from respondent -1/OP -1 two air conditioners manufactured by respondent -2/OP -2 for a sum of Rs. 25,999 each. The appellant/complainant alleged that the ACs were defective from the very beginning and they made several complaints to the respondents/OPs as well as to the service centre of OPs i.e. respondent No. 3 -Hitachi Homes and Life Solution India Ltd. As the ACs were purchased in the month of February and were also installed at the residence of the appellant/complainant in that very month, so they were seldom used after the installation as the season at that time was a winter season and summer was not at its peak but when during the month of May, when the summer started and they starting using the ACs, one of the ACs out of the two did not work and the complainant lodged a complaint on the helpline Number of the OPs. The appellant/complainant was given the complaint No. 8000597083. Nobody from the OPs contacted the appellant/complainant for 16 days and it was only on 21.5.2010 that the ACs were taken by OP -1/respondent -1 representative Sh. Dhananjay for repair and at that time Sh. Dhananjay ask for a warranty card/bill which was not available on that day and the same was provided to OP -1/respondent -1 on 25.5.2010.

(2.) ON 2.6.2010 Sh. Aman Verma from respondent -1/OP -1 along with Sh. Vinay Kapil of Hitachi visited the appellant/complainant and assured her that as the compressor of the AC is defective, they shall refunded the cost of the AC as they do not have other AC of the same Model because the AC purchased by them is of very old model. But in spite of several calls to the respondents/OPs, they did not refunded the amount and simply informed the appellant/complainant that the defect in the AC has been rectified and they shall install the repaired AC at her residence.

(3.) NOTICES were severed to the OPs by the District Forum but in spite of notice OP -2/respondent -2 did not contested the case nor filed any written statement and the case was proceeded with ex parte against OP -2. OP -1 contested the case and submitted before the District Forum that there is no deficiency on their part and as soon as they received the call from the complainant/appellant they attended the same and the defect in the AC was rectified and they went to the house of the complainant/appellant to install the AC but the complainant/appellant refused to get the repaired AC installed and asked for refund of the amount or the replacement of the AC with new one. OP, further stated that on 2.6.2010 their representative Sh. Aman Verma along with Sh. Vinay Kapil of Hitachi India Pvt. Ltd. again visited the house of the complainant/appellant and offered to demonstrate and install the AC and to satisfy the complainant. However, they were not allowed by the complainant/appellant to install the said product.