PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER CASE NO- 41/2022

Present-Dr. Ramakanta Satapathy, President,

 Sri. Sadananda Tripathy, Member,

Tankadhar Dehury,

S/o-Late Damodar Dehury,

R/o-Badmal, P.O -Badmal,

PS:- Charmal, Dist-Sambalpur-768105.                   ...………..Complainant

Versus

1. M/S Santosh Electronics, Main Road,

Maneswar, P.O-Maneswar, Ps-Sadar, Dist-Sambalpur

Represented through its proprietor, PIN-768005.

2. VOLTAS Limited, Voltas House ‘A’ block,

T.B. Kadam Marg, Chinchpokli,

Mumbai, Maharashtra-4000033  .                  …………...Opp.Parties

Counsels:-

1. For the Complainant                    :-          Sri.P.K.Mishra, Advocate & Associates
2. For the O.P.1                                :-         Sri. P.Pujari, Adv.
3. For the O.P. No.2                         :-         Sri. K.Sarkar

Date of Filing:04.06.2022,  Date of Hearing :13.03.2023,    Date of Judgement : 15.05.2023

Presented byDr. Ramakanta Satapathy, PRESIDENT,

1. For livelihood the complainant purchased a Voltas Deep Freeze to use in his hotel business on 24.5.2022 C.F. HT 500 DD Model for Rs.33,000/-. On 25.5.2022 when the freeze not worked properly made a complaint to O.P. No.2 vide Complaint No.22052603212.Non case for repairing. On 28.5.22 again complaint was made before O.P.No.1 but non came for repairing. On 30.5.22 also complaint made but nobody attended. For the deficiency in service of Opp.Parties the complainant failed to earn his livelihood being aggrieved complaint was filed.
2. The Opp.Party No.1 in his version submitted that the freeze was purchase from Lingaraj Enterprises, Sahidnagar, Bhubaneswar who is a necessary party. The complaint lodged by complainant were admitted. It is the liability of O.P.No.2 to depute technicians.
3. The O.P.No.2 in its version submitted that the deep freezer purchased on 24.5,2022 is not confirmed when complaint No.22052603212made and no technician attended, it was the duty of complainant to contact senior officials. The O.P. No.2 is a No.1 air conditioning company in India and committed to resolve the customer complaint based on warranty terms within 15 days and provide extended warrant y for three months.
4. Perusedthe invoice No.511 dated 24.5.2022 issued by M/S.Santosh Electronics dated.24.5.2022 for the Voltas D.Freeze Model CF HT 500DD,Sr.521 0623P2w2 E004795 for Rs.33,000/-. The O.Ps not filed any documents non any service details.
5. It is the admission of the O.P.No.1 that the D.Freezer was sold n 24.5.2022 after collecting from Lingaraj Enterprises, Sahid Nagar, Bhubaneswar. The O.P.No.1 and its vender are dealers whereas the O.P.No.2 a leading air-conditioning Company in the leading air-conditioning company in the country. The complainant made complaint no.22052603212 but the technicians of O.P.No.2 notattended the defective freezer after 26.5.2022, 28.5.2022 and 30.05.2022. As per version of O.P.No.2of the O.P.No.2, although committed to resolve the problem within 15 days of complaint problem. It amounts to deficiency in service on the part of O.P.No.2.

                    Accordingly, it is ordered.

ORDER.

The complaint is allowed on contest against the O.P.2. The O.P.No.2 is directed to replace the defective product within one month of this Order with new D.Freezer . In case of no n replacement the O.P.No.2 shall be liable to pay Rs.33,000/- with 9% interest P.A. w.e.f. 24.5.2022 along with compensation of Rs.50,000/- and litigation expenses of Rs.10,000/-

          Order pronounced on this 15^thday of May 2023.

          Supply free copies to the parties.