IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 02.05.2024 Date of Hearing: 01.05.2025 Date of Decision: 14.05.2025 FIRST APPEAL NO.-332/2024 IN THE MATTER OF MR. UTPAL TREHAN S/O MR. Y.N. TREHAN, R/O D/1-121, JANAK PURI, NEW DELHI-110058 …APPELLANT VERSUS

1. JOHNSON CONTROLS- HITACHI INDIA LTD.

301, 3RD FLOOR DMRC BUILDING, NEW ASHOK NAGAR METRO STATION, NEW DELHI (INDIA)

(Through: Mr. Yubaraj Chatterjee, Advocate Mob.9773884287 &

Email: yuvichatt899@gmail.com)

…RESPONDENT NO.1

2. THE VIJAY SALES NEW DELHI (JANAK PURI) BR, BLOCK NO.B1, NEAR AMAR LEELA HOSPITAL, JANAK PURI, NEW DELHI.

….RESPONDENT No.2 CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Appellant in person. (Mob.9810018031 &

Email:ub_trehan@yahoo.co.in)

None for respondents.

PER : HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission-III (West District), record are as under:

“Succinctly put, facts of the present complaint are noted hereunder:

1. Complainant had purchased a Hitachi Refrigerator, model no.REF RB570PND7GBK*2180, GLASS BLACK, manufactured by OP No.1 through OP No.2 vide Tax invoice No. 305-R-SIF-6799 on 03.11.2018 for a sum of Rs.51,000/-. The Complainant had purchased the above Refrigerator just before Diwali festival and as a mark of auspicious prosperity towards a Hindu Sentiment, the delivery of the same product was requested on DHANTERAS day. The same was adhered to by OP No. 2 after committing that the stock was readily available in their inventory and the same product was promised to be delivered on the Festive day i.e 05.11.2018. Upon delivery and physical verification of the above said product, it was found by the Complainant and his family to be a damaged product as the Glass Door had Scratches and also the body of the product had dents, which was promptly brought to the Notice of OP No. 2 by the complainant asking to replace the refrigerator, but its showroom Manager and Sales Representative expressed the unavailability of the same model refrigerator in their inventory and further requested the complainant to update the same to the Service Engineer of OP No.1. The Service Engineer visited the premises of the Complainant and confirmed the raised concerns of the complainant and his family in affirmative that it appeared as if a Display Model at the showroom of OP No.2 had been delivered. This act was subjected to the breach of trust of the Complainant whom OP No.2 had confirmed fresh stock inventory availability at their shop before purchasing the same product. Despite false assurances made by the Sales representatives at the time of delivery of the product, the sentiments and feelings of the Hindu family bringing in a New Product home as a mark of prosperity symbol was taken for a ride by the OP No. 2 through its callous and deceiving act to just sell their damaged product for their Own gains. The complainant had bought the above mentioned product as a Gift to his mother but the damaged product left the family in despair and shock. The Complainant notified to OP No.1 about delivery of damaged product by its dealer/OP No.2 which amounted to cheating as the replacement of the same product was stated to be not possible being out of stock despite OP No 2 having various dealership Showrooms within Delhi. The replacement request was also brought to the notice of OP No. 1 officials who to the utter surprise of the Complainant also stated that the same product was not available in the whole of Delhi during the festive Season and the replacement of the same refrigerator would only be possible after 2 weeks as everything was shut during the Diwali festival. The Complainant realized and understood that the Selling Price(MRP) of the product which was above Rs.80,000/- was readily sold at the price of Rs.51,000/- after negotiations between the Complainant/consumer and the Sales Representative of OP No.2, who knowingly & int