Orissa

Sambalpur

CC/45/2019

Sri. Swavendra Panda - Complainant(s)

Versus

1-The manager, Sambalpur Electric Mart, - Opp.Party(s)

M.C.Panda and S.C. Mishra

27 Mar 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER.COMPLAINT NO.- 45/2019

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

                        Sri. Swavendra Panda,

S/o- Madhava Chandraq Panda

At-Jharuapada near Post Office, PO-Jharuapada, PS-Town,

Tahl/Dist-Sambalpur-768001.                                 …………..…..Complainant

 

Vrs.

1. The Manager, Sambalpur Electric Mart,

Near Canara Bank, Farm Road, Modipara,

Sambalpur-768002, Odisha.

2. The Manager, Customer Care Centre

Voltas Limited, Voltas House, ‘B’ Block

2^nd Floor, T.B. Kadam Marg,

Chinchpokli (East)

Mumbai-400033                                                  …..…..….Opp. Parties

Counsels:-

1. For the Complainant       :-         Sri. M.C. Panda & Advocate & Associates.
2. For the O.P. No.1                         :-         Sri. P.R.Banpanda, Advocate & Associates.
3. For the O.P. No.2                        :-         None

 

Date of Filing:06.08.2019,  Date of Hearing :XXXXXX Date of Judgement : 27.03.2023

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant had purchased one new Voltas Visi Cooler, Model 320VC, from the OP No. 1 by paying Rs. 33,850/-. After installation said Cooler properly work till one month. Thereafter, the Fluorescent LED light of first and second rack not works. As Warranty period of the Cooler is one year from the date of purchase and within the period the company is duty bond to replace or repair parts thereof, the Complainant contacted Authorized Dealer of Voltas Limited Sambalpur Electric Mart to repair the Cooler on 4^th June, 2019 vide request No. 19060419964. Subsequently, one authorized technician came to repair the problem, but he failed to find fault and correct it. On 12^th and 13^th June and 16^th July the Complainant again contacted Sambalpur Electric Mart but the concerned dealer not take steps to repair the Cooler which is the un-authorized trade practice and deficiency in consumer service of the OPs.
2. The OPs have not filed any Written Statement. Accordingly the case is disposed of on its own merit.
3. From the above it is found that the Air Cooler purchased by the Complainant was a defective product i.e. inherent manufacturing defect from immediately after its purchase by the Complainant and the OPs not solved the problem after several trial by the technician and could not repair properly within the warranty period.

Accordingly issues are settled.

103606587.  

1. Is the Complainant a Consumer of the OPs?
2. Is there any deficiency in service of the OPs?
3.  Whether the Complainant is entitled for getting any relief from the OPs?

Issue No. 1 Is the Complainant a consumer of the OPs?

The Complainant has purchased one new Voltas Visi Cooler, Model 320VC, from the OP No. 1 by paying Rs. 33,850/-, who is the dealer of OP No. 2. So the Complainant is a consumer of the OPs.

          Issue No. 2 Is there any deficiency in service of the OPs?

The Visi Cooler purchased by the Complainant was a defective product i.e. inherent manufacturing defect from one month after it’s purchase as complained by the Complainant and the OPs not solved the problem and repaired properly within the warranty period. It is the duty of the OP No. 2 to solve the problem as the OP No. 2 is the manufacturing company. So the OP No. 2 is liable for deficiency in service. Whereas the OP NO. 1 is the authorized dealer. So he is not responsible for any manufacturing defects.

Issue No. 3 Whether the Complainant is entitled for getting any relief from the OPs?

From all the facts of the parties, the Complainant is entitled for getting reliefs what he claims in his complaint petition from the OP No. 2.

ORDER

The case is disposed of on merit. The O.P No. 2 is directed to return the sale price of the Cooler of Rs. 33,850/- to the Complainant, Rs. 20,000/- towards negligence, deficiency in service to the Complainant as Compensation and Rs. 4000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 27^th day of March, 2023.

Free copies of this order to the parties are supplied.