Orissa

Sambalpur

CC/36/2022

Sri. Hariram Sahu - Complainant(s)

Versus

1. Assistant Commandant Subsidary Police Canteen, BTI, - Opp.Party(s)

06 Dec 2022

ORDER

PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 36/2022

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sri. Hariram Sahu,

S/O- Late Anupram Sahu,

At/Po-Chiplima, Ps-Burla,

Dist-Subarnapur-768026.Odisha, 8249108617.                     ……..Complainant

Versus

1. Assistant Commandant, Subsidary Police Canteen, BTI,

Via-Basantpur, Goshala Burla, Sambalpur-768025

2. General Manager

Blue Star India Ltd. 6^th Floor Vatika, Atrium Golf Course Road, Sector-53, Gurugram-122002.

3. Sri. Asit Mahala, Star Refrigeration & electrical

Star Refrigeration & electrical (Service Provider)

Farm Road Modi Para, (Near BSNL Office)

Sambalpur-768002.

4. Md. Wasim Khan, Quick Cool Refrigeration

(Near BJD Office) Ainthapali,

Sambalpur-768004 (service provider)                                     …...Opp.Parties

 

Counsels:-

1. For the Complainant                   :-         Self
2. For the O.P.No.1                          :-         Sri. D.K.Mohanty, A.S.I. Police
3. For the O.P. No.2 to 4                 :-         Exparte

 

Date of Filing:26.05.2022,Date of Hearing :01.11.2022, Date of Judgement : 06.12.2022

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased a 5 Star 1.5 Ton split Copper Inverter Air Conditioner bearing indoor Unit No. BI-IC518DLTUBBUA00064 and out door unit No. BI-IC58DLTUBBUA00194 from O.P.No.1 subsidiary Police canteen on 20.03.2021 for a sum of Rs. 41212.45. The O.P. No.1 issued receipt No. 6633 and the AC was installed on 22.03.2021. The AC was having a warranty period of 5 years and extended warranty for 4 years. Certain faults were found repeatedly and the Complainant sent message to O.P. no.2. The O.P. No.3 service provider made efforts to rectify the faults but failed. They have taken the ‘PCB with remote control for service and not returned the same. A complaint was registered through e-mail with customer care, the O.P. No.4 was assigned the service. The O.P. No.4 told by not attending that PCB is not available.

On 15.02.2022 and 23.03.2022 a written complaint was registered through e-mail with O.P. No.2 but it was in vain. Finding no way the Complainant purchasedLLOYD 1.5Ton split Inverter Ac from G.N. Electronics Sambalpur on 21.05.2022 and installed. The O.Ps are deficient in their service and harassed the Complainant, failed to provide service, hence this case.

2. The O.P. No.1 in their version submitted that the Police canteen provides various products to the Police personal in service/Ex-service and to the public as per direction of the commandant on a particular day for the welfare of general public without any additional profit. The O.P. No.1 collect various canteen commodities along with electronics products from Master canteen C.I.S.F. Unit R.S.P., Rourkela and supply to the customer. In case of any defects the customer contacts the service provider/customer care of the Company. The Complainant purchased the AC on 20.03.2021. The Complainant never intimated orally or written complaint before O.P. No.1. The O.P. No.1 has no role regarding providing service. There is no deficiency on the part of the O.P. No.1 and the complaint is liable to be dismissed.
3. The O.P. No.2 to 4 after receipt of notice also did not turn up, accordingly set ex-parte.
4. Perused the documents filed by the Complainant, invoice no 6633 dated 20.03.2021 for an amount of Rs. 42,212.45P, warranty certificate of 1 year and additional extended warranty for 4 years, message dated 22.03.2022 to customer care of O.P. No.2, reply of O.P. No.2 dated 23.05.2022, message dated 17.02.2022, message dated 11.12.2021, 11.06.2021, 12.04.2021, 27.12.2021,31.12.2021, 15.02.2022, 19.02.2022, 06.02.2022, the complainant purchased LLOYD AC from M/S Electronics vide invoice No. 749 dated 21.05.2022 for Rs. 35,000/-
5. From the documents filed by the Complainant it reveals that after the purchase of the AC on 20.03.2021, the Complainant made complaint on 12.04.2021 and thereafter several correspondences have been made. Service Engineer Prashant Maharana was also deputed for rectification of defects. Since 27.12.2021 the PCB and remote control was taken and not returned by the O.P. No.3. Till 06.02.2022 correspondences with O.P. No.2 have been made but the defects are not resolved. Finding no way the Complainant purchased LLOYD AC on 21.05.2022.

From the above circumstances it is clear that the O.P. No.2 although assured to provide good service failed to provide proper service, harassed the Complainant since 12.04.2021 till 21.05.2022, complainant could not use his AC, accordingly the O.P. No.2 is liable for the deficiency in service. The O.P. No.3 & 4 are deputed by the O.P. No.2 whereas the O.P. No.1 is retailer. The O.P. No.1 is a disciplined retailer, the Complainant has not made any complaint before him. Further the O.P. No.1 is engaged in welfare activities of the people and police personnel.

Keeping in view the circumstances of the case it is ordered:

6698606.  

The complaint is allowed against O.P. No.2 ex-parte and dismissed against O.P. No.1. The O.P. No.2 is liable for deficiency in providing service to the complainant. The O.P. No.2 is directed to install a 5 star 1.5 Ton split copper Inverter AC replacing the defective one within one month of this order, failing which the O.P. No.2 will be liable to pay Rs. 42,212.45P with 9% interest w.e.f. 22.03.2021 till realisation, for harassment the O.P. No.2 is liable to pay compensation of Rs. 20,000/- to the Complainant and litigation expenses of Rs.5000/-.

Order pronounced in open court o this 6^th Dec. 2022.

Supply free copies to the parties.