Orissa

Kendujhar

45/2014

Dattahari Panda - Complainant(s)

Versus

1. L.P. Electronics, Odisha, Pvt. ltd. - Opp.Party(s)

Chinmaya Ku. Das

16 Dec 2015

ORDER

IN THE COURT OF THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 45 OF 2014

Dattahari Panda, aged about 48 years,

S/o: Bhramarahari Panda,

Village/Post/P.S: Joda,

Dist: Keonjhar                       ……………………………………..Complainant

                      Vrs.

1. L.P. Electronics (O) Pvt. Ltd.

College Squire, Cuttack,

P.O/Dist: Cuttack

2. Babu Khan, Prop. Khan Electronics,

Near Joda Bus-Stand,     

Post/P.S: Joda, Dist: Keonjhar……………………………………..Opp. Parties

PRESENT- Sri Akshaya Kumar Purohit, PRESIDENT

                    Smt. B. Giri, MEMBER (W)

                    Sri S.C. Sahoo, MEMBER

Advocate for the complainant- Sri Chinmaya Ku. Das

Advocate for Opp. Parties - Set exparte

_____________________________________________________________________________________

Date of Hearing - 18.11.2015                            Date of Order - 16.12.2015

______________________________________________________________________________________                                                               

Sri A.K. Purohit, President  

1. The case of the complainant is that, he had purchased a Voltas A.C. 1 STON 183 CXG 3S Split Air Conditioner vide Sl.No. 00786002388 from the O.P.No.1 on dated 25.5.2013 for a consideration of Rs. 29,000/-. As per the arrangement made by O.P.No.1 the said Air conditioner was installed by the O.P.No.2 in the house of the complainant at Joda. The complainant alleges that after use of six months the A.C. was not functioning and was found defective. To this the complainant lodge his complaint before the O.P.No.2 and on the intimation of the O.P.2 before the manufacturer a service Technician attended the complaint but could not able to remove the defect. Since the defect was not removed and the A.C. is not in working condition, finding no other ways the complainant has preferred this consumer complaint.

2. Although notice has been served on the O.Ps, neither they have appeared nor proceeded with the hearing of the case and hence they are set experte.

3. Heard the complainant. Perused the material available on record. It is seen that, LP Electronics (O) Pvt. Ltd. has issued a retail invoice in favour of the complainant for selling a A.C. for a price of Rs. 29,000/- on dated 25.5.2013. Therefore the complainant has purchased the A.C. for consideration and hence he is a consumer. So far the defect in the A.C. the complainant has not produced any evidence either by way of affidavit or otherwise to prove that whether there is inherent defects or not. However, it is seen from the customer service report signed by the technicians Mr.S.K. Anwar that there was defect in the P.C.B. of the A.C. From this report it is believed that there was defect in the complainant’s A.C. When there is defect in the A.C. during a very short period of its purchase the O.Ps are under obligation to repair the same. There is no evidence on record to show that the defect of the A.C. was removed and it is in working condition. A consumer can purchase an A.C. for its use and he cannot purchase a headache. The complainant has debarred from enjoying the A.C. which he was purchased on payment of price.

4. With these materials available on record the complainant has proved that, there is deficiency in service on the part of the O.Ps and hence the O.Ps are liable to replace the A.C. with a new one.

HENCE ORDER

      The O.Ps are directed to replace the defective A.C. of the complainant with a new A.C. of the same model which shall be free from any defect on receipt of the defective A.C. from the complainant within one month from the receipt of this order. The O.Ps are further directed to pay Rs. 5000/- to the complainant towards cost and compensation within the same period.

                                                         Accordingly the case is disposed of.

 

        I agree                                                                I agree

 (Sri S.C. Sahoo)                                                 (Smt. B. Giri)                                               (Sri A.K. Purohit)

Member, DCDRF                                       Member (W), DCDRF                                      President, DCDRF

    KEONJHAR                                                        KEONJHAR                                                     KEONJHAR

 

                                                                                           Dictated & Corrected by me.

                                                                                                     (Sri A.K. Purohit)      

                                                                                          PRESIDENT, DCDRF KEONJHAR