A Delhi consumer court has directed Fujitsu General India to refund Rs 1.14 lakh to a customer who purchased a defective air conditioner that failed to provide adequate cooling shortly after installation. The court also awarded Rs 25,000 as compensation for mental agony and Rs 10,000 towards litigation costs.
Background of the Case
Vaibhav Singh Bhadana bought a 3-ton split AC from an authorized Fujitsu dealer on 17 February 2025 for Rs 1.14 lakh. During installation, the company informed him that mounting the AC on a conventional wall was not feasible, requiring him to spend an additional Rs 15,329 on a separately manufactured stand. Since the purchase was made in February and temperatures were low, the AC's functioning could not be tested at that time.
Defects Discovered
The AC was first used on 11 May 2025 when temperatures rose, but it failed to provide adequate cooling. Between 18 and 21 May, the customer made numerous service requests to the company, including 5 calls on 18 May and 11 calls on 19 May alone. A technician was assigned but handled the unit unprofessionally, leaving scratches and grease marks on the indoor unit. He informed the customer that the refrigerant gas was low and the issue could not be resolved. Later, the technician stopped responding, and the customer was told that a visit would not be feasible.
Legal Action
After receiving no satisfactory response despite issuing a legal notice, the customer approached the District Consumer Disputes Redressal Commission (East), Delhi, presided over by S.S. Malhotra (President) and Ravi Kumar (Member). Fujitsu General was served notice but neither appeared before the commission nor filed any written response, leaving the allegations unrebutted, as per a report by LiveLaw.
Court's Observations
The commission noted that the number of calls made by the complainant from 11 May to 21 May 2025 exhaustively proved that the AC was not working and had inherent defects that could not be resolved by the company's technician. The court stated, "The complainant has been able to prove that there was deficiency in service on the part of OP by selling a defective product which was not initially installed on the conventional wall and when it was installed on a separately manufactured stand, the AC was not giving proper cooling."
Since Fujitsu General chose not to appear or respond, the commission noted that the opposite party's case went un-rebutted. The commission accordingly held the company liable for deficiency in service.
Order
Allowing the complaint, the commission ordered Fujitsu General to refund the entire purchase price of Rs 1.14 lakh with interest at 7 per cent per annum from the date the complaint was filed, subject to simultaneous return of the AC. It also awarded Rs 25,000 as compensation and Rs 10,000 as litigation costs. The company must comply within 30 days of receipt of the judgment, failing which all amounts would carry interest at 9 per cent per annum until realisation.
