Orissa

Sambalpur

CC/31/2017

Nihar Ranjan Patel - Complainant(s)

Versus

1-Narmada Electronics - Opp.Party(s)

A.K. Tripathy, A. Maharana & P. Padhan

22 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 31/2017

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Nihar Ranjan Patel,

S/O- Nrupalal Patel,

R/O-At-Nihar Computers, Bus Stand, Kuchinda,

PO/PS-Kuchinda, Dist-Sambalpur                       ………..…..Complainant

 

Vrs.

1. Narmada Electronics

At-Bus Stand Kuchinda,

Po/Ps-Kuchinda, Dist-Sambalpur.

      

2. M/S Cool Care, Near Kali Mandir Road,

         At/Po/Ps/Dist-Jharsuguda

​

3. Godrej & Boyce Mfg.Co. Ltd,

         Appliance Division Gat Nos. 600,601 & 605 At-Village Wing Post, Shirwal Taluka-Khandala

         Dist-Satara Maharashtra-417801.

4. Manager, Consumer Care Cell, Appliance Division,

           Godrej & Boyce Mfg. Co. Ltd. Plant 11B

           Pirojshanagar Vikhroli Mumbai-400079... ………..Opp. Parties

Counsels:-

1. For the Complainant                   :-         Sri. A.K.Tripathy Advocate & associates
2. For the O.P.No.1                          :-         Sri. K.K.Patel & Associates
3. For the O.P.No.2 to 4                   :-         None

 

DATE OF HEARING : 05.07.2022, DATE OF JUDGEMENT : 22.08.2022

           Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The Complainant purchased a Godrej Split Air Conditioner from authorised dealer O.P. No.1 vide invoice No. 1543 dated 29.03.2016 for an amount of Rs. 35,000/-. After 20-25 days or purchase it started giving problem. Emitted hot air instead of cool air. Complaint lodged before O.P. No.2 but it was in vain. Again Complaint was made on 13.08.2016, 18.10.2016 and 29.03.2017 also but the problem not resolved. The Complainant requested for replacement but the O.P. No.1 refused as the matter is involved with O.P.No.3, manufacturer. Complaint made before O.P. no.4 consumer care cell but no result came out.

Being aggrieved complaint was filed.

2. The O.P. No.1 in its version stated that the Complainant purchased the product but denied all the allegation and prayed for dismissal of the complaint.
3. Perused the documents filed by the Complainant. On 29.03.2016 the O.P. No.1 issued invoice No. 1543, received Rs. 35,000/- for the Split Air Conditioner, Product No. GSC 18FG6BOG-GBLR.209-1.5T 6*, serial No. 1601210407. The O.P. No.2 provided service on 29.03.2016, 13.08.2016 and 18.10.2016. From the reply of consumer care O.P. No.4 it reveals that Mr. S.K.Nawaj will attend the call of Complainant on 29.03.2017. As the problem was not resolved by the O.Ps ultimately filed this complaint on 10.04.2017.
4. From the aforesaid facts and circumstances it is evident that the Complainant has made several Complaints but the O.Ps not resolved the problem. The O.P. No.1 simply denied the allegation. Mere denial is not sufficient, the O.P. No.1failed to give reasonable reply, why the problem of the Complainant could not be solved. The technicians of the O.P. No.2 and 4 also are totally silent over the matter. The O.P. No.3 also not reported about manufacturing defects if any in the product. Silence of the O.Ps prove the deficiency in service and as a seller the O.P. No.1 failed to perform his duty like the O.P.No.3, manufacturer.

The O.P. No.1 & 3 cannot escape from their liability after selling a product. Accordingly it is ordered:

6698606.  

 

The Complaint is allowed on part against the O.P. No.1 and ex-parte against O.P. No.3. The O.P. No.1 & 3 are directed to replace one new same specification Spilt Air Conditioner to the Complainant within one month failing which the O.P. No.1 & 3 will be liable to pay Rs. 35,000/- with 7 % interest P.A till realisation from the date of order. Further The O.P. No.1 & 3 are liable to pay compensation of Rs. 20,000/- within one month failing which the entire amount will carry 7% interest till realisation. No cost.

          Order pronounced on this 22^nd day of August 2022.

          Supply free copies to the parties.