Orissa

Kendujhar

CC/29/2016

Rama Chandra Sethy - Complainant(s)

Versus

1. Rath Electronics - Opp.Party(s)

Rajkishor Bhuyan

10 Feb 2017

ORDER

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

CONSUMER COMPLAINT CASE NO. 29 OF 2016         

                         Rama Chandra Sethy, aged about 56 years,

                         S/o- Late Nandu Sethy,

                         Village/Post- Balipal, P.S-Ghasipura,

                         Dist- Keonjhar……………………………………………………………….Complainant

                                                          Vrs.

                     1. Rath Electronics,

                         At/P.O- Keshadurapal (Near Badadanda),

                         P.S- Ghasipura, Dist- Keonjhar

                     2. Unitary Products Business Group,

                         Voltas House, A, Babasaheb Ambedkar Road,

                         Chinchpoki, Mumbai-400033

                     3. National Refrigeration (Authorized Service Centre)

                         Bank Street, Jajpur Road-755019……………………..……………………Op. Parties

 

PRESENT: SHRI PURUSHOTTAM SAMANTARA, PRESIDENT

                  SMT. B. GIRI, MEMBER (W)

                 Advocate for Complainant: Rajkishor Bhuyan

                 Advocate for OP1: Sri Raman Ranjan Das & Associates

                 Advocate for OP2: None

                 Advocate for OP3: Set exparte

_______________________________________________________________________________________

Date of Filing: 13.7.2016                                                                                           Date of Order: 10.2.2017

SHRI PURUSHOTTAM SAMANTARA, PRESIDENT

1. Succinctly put, the complainant purchased one Split-type Air-conditioner 1.5 ton AC of “VOLTAS” brand from “RATH Electonics”, Keonjhar against a consideration of Rs.30,000/-(Thirty thousand), vide bill No.246 dtd.18.3.2013.

2. It is averred, the Split Air-conditioner (1.5 ton) carries warranty of 12 months and guarantee on compressor, issuing a five years warranty certificate. Post-installation the PCB and remote control found to be defective. Although the service engineer visited in rectification on dt.9.5.2016, but same did not sustain and the defects continue to retain.

3. The complainant also said, the service engineer visited on dt.31.5.2016 and 3.6.2016 but failed to give proper rectification. Rather issued a service bill amounting Rs.3400/- with high light that the Power Circuit Board has been in non-functional so also the remote control.

4. Further said, the continuous spate of defects that surfaced on the product in question amply speaks the product is a result of poor workmanship and the quality is not up to the mark.

5. In pursuing the product, the complainant neither able in consumption rather suffered a lot on financial front and mental agonisation. The negligence on the part of the OPs is amounts to breach of contract and gross negligence within the warranty period and willfully remaining in silence is gross deficiency of service to the core prayed for replacement or refund along with compensation and cost, that deem fit under the law. Relied bills and vouchers photocopy along with affidavit.

6. In pursuant to notice, the OPs in array in the title not preferred to appear except the OP1, the dealer. The OP1 in admission says that, the seller is no more liable to pay for deficiency of service.

7. And contended, that the manufacturer and authorized service centre is liable under the law.      

8. Also said, the case has no cause of action. The case is not maintainable under the law and is bad for mis-joinder and non-joinder of parties and having no merit. The present case is liable to be.

9. Heard the learned counsels and perused the records at hand.

10. The fact is that a TATA-VOLTAS brand Split Air-conditioner has been purchased which carries warranty and guarantee. No dispute persists on same.

11. It is also observed, post purchase and installation, the defects as developed/ come across is not rectified till being a defect free function. The rectification done by the service engineer on different dates, neither sustaining now satisfactory. The service rendered is quiet imperfect and below the standard. So we assume, the product is of poor workmanship as the service undertaken and the deputed engineers repeatedly failed, rather against the service rendered dues raised and paid, which is against a settled principle that under the period in warranty. A “company cannot charge for jobs within warranty period” Eaicher Motors Ltd. Vs. Narayan Singh Walia - 2013 (3) CPR 119 (H.P).

Hence the service centre as advised and collected money for service rendered along with spares, do amplify, the collection of service charge is willful and negligence of gross-propriety. 

12. Again, we observed, the set purchased on dt.18.3.2013 and from the date, either of the defect continues. On perusal of warranty & guarantee and 5 years warranty certificate that reads:-

Warranty:-

13.(1)Repairs and Replacement of any part or parts except plastic parts like Grill, Louvers etc. of the Air-conditioner for a period of 12 months from the date of purchase as due to faulty material or workmanship and not due to improper use or faulty electric supply/ connection.

(2)                      x                           x                              x                            x                            x             

(3) Free after- sales service during above mentioned period is available within the municipal limits of the city or town.

14. And the VOLTAS Guarantee:-

(i) Repair or Replacement of parts under your entitlement would be carried out by the nearest Voltas Service station/ Authorized dealer, in case your air-conditioner requires repairs at the workshop, our representative will advise you, accordingly-

15. Further it reads:- 5 years Compressor warranty Certificate -

              Dear Customer,

                   Now your Voltas Air-conditioner comes along with complete 5 years Compressor warranty. Voltas undertakings to repair or replace the compressor of your Air-conditioner due to any mal-function during normal usage in the first five years. 

16. In the present case, as it revealed from the record the 5 years warranty continues till 2018. So also no document available in contrast to the expressed clause that the defect in compressor is a malfunction beyond normal usage. So it is evident the OPs are dill-dallying willfully not to render any replacement or refund rather killing time in deferring too many days is also a deficiency in service.

17. On the other hand, the service charge collected under the bill No.1801, dt.3.6.2016 amounting to Rs.400/-(Rupees Four hundred) be refunded as same collected against the expressed terms and condition i.e. Free offer Sales Service. Thus entitlement for refund of service charge as we find it is just and proper in view of above laid principle.    

18. In view of the above made discussion and circumstance, we inclined to say, the OPs are jointly and severally liable to pay to the petitioner. Further the OP2 &3 not represented, omits to take action having given with sufficient opportunities, hence in consequence though notice is sufficient U/Sub-section 4 of Section (28)A of Consumer Protection Act 1986 and prefer to decide on Sub-section 2 &3 of Section 13 of C.P. Act. we hold the OPs action is collusive in nature to defraud others, even after fastened under obligation. Thus the deficiency in non rendering service is established and liability is fixed under the terms, so it is ordered.

O R D E R

 The OPs are hereby directed to replace a new brand of compressor in place of the defect one and also refund a sum of Rs.400/- (Four hundred) taken unauthorizedly within 30 days of this Order, failing @ 6% interest per annum will be charged taking the present market value of the compressor under 1.5 ton A/C category of same brand & specification to account plus Rupees four hundred on entirety till realization.

    (ii) No order as to compensation and cost.

    

Copy of the Order be made available to the parties as per rule.

File be consigned to record room.

Pronounced, 10^th February 2017.

 

                                                                                                                                              

            I agree                                                                                    

      (Smt. B. Giri)                                                                                       (Shri Purushottam Samantara)                                                                         

     Member (W)                                                                                                          President                                                                                                                                                                                                                                                                                   

  DCDRF, Keonjhar                                                                                                  DCDRF, Keonjhar  

                                                                                                                            

                                                                    Dictated & Corrected by me

                                                                   (Shri Purushottam Samantara)

                                                                              (President)                                                          

                                                                        DCDRF, Keonjhar