Adv. For the Complainant : - Suresh Kumar Pathy
Adv. For the O.P. No.1 :- Radha Kanta Mahakur and Others
Adv. For the O.P. No.2 : Sohan Mishra and Others
Date of filing of the Case :- 26.05.2023
Date of Order :-15.05.2024
JUDGMENT
Smt. Jyotsna Rani Mishra , Member
Fact of the case nutshell –
The complainant Santosh Kumar Guru resident of Puintala block has purchased a AC of blue star company (OP2) from the shop of (OP1) for consideration amount Rs.35,796/- on dt. 11/04/2023 and received a bill No 1 has delivered the item on 14/04/2023. After purchased of item, Op1 assured the complainant to install the AC at the residence of complainant on same day of delivery but failed to do so and remain silent.
That the complainant there after approached the Op No 1 for installation but Op1 did not send any person and remain silent.
That by getting no other ways, the complainant called the Toll free number of Op2 for complained the matter. The customer care received the complaint and assured the complainant to send their service engineer for installation but they failed to do so. The complainant there after repeated called to customer care but they failed to send their service engineer as per their assurance.
That, after that complainant finding no any alternate ways and returned the AC to the OP1 and demanded his purchase amount and compensation for his mental agony .OP1 refused to pay the purchase amount and compensation to the complainant.
That, The complainant compelled to purchase another AC from other shop to get relief from high hit of summer season. Now the AC is with the OP1. And ultimately he had file the case and seeking to refund the cost of AC and to pay Rs.50,000/- towards compensation for mental agony and harassment along with litigation cost Rs.10,000/- .
Complainant relied on following document
- Receipt issued by OP No.1 of dated 11.04.2023.
- Call details of complainant and OP No.1.
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- Call details of complainant and OP No.2.
- Product details printed on cartoon delivered.
- Three copies of the complaint petition along with the original copy.
Having gone through the complainant it’s accompanied document and on hearing the complaint prima facie it seemed to be a genuine case hence admitted and noticed to the Ops were served and in response they appeared through their counsel and filed their written statement.
In the rival contention to counter the allegation, the Ops denied the allegation made by the complainant.
OP1 strictly denied the contents and averment of complaint and stated that complaint is false, malicious, incorrect and malafide intent.
OP2 denies each and every statement, allegation or contention which is inconsistent with or contradictory to whatever is stated in this written statement.
That it is pertinent to state that the complainant purchased the Blue Star air conditioner from OP1, The complainant had never directly contacted the Answering Opposite party at the time of purchasing the said AC. The complainant placed the order for said AC with required features described by the OP1 and thereby made the payment to the OP1. That the OP1 upon receiving the order from the complainant sold the said AC to the complainant. The complainant after being convinced with the after sales services of OP1. Purchase the AC. It is pertinent to mention that no consideration or any part of the consideration was paid to OP2. It is clear that OP2 had no role in providing the said AC to the complainant directly.
The OP1 is solely liable for alleged deficiency in service of not installing the AC. It is pertinent to mention that no such representation was made by OP2 to the installation service of the AC in the complainant premises. The liability, if any is only attributable against the OP1. There are no any manufacturing defects in the AC hence present OP2 has been free from his liabilities as one of the parties in the present matter.
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Hence, any wrong caused to the complainant by the alleged non-installation of the AC in the complainant premises is only attributable to OP1 as OP2 has no role in the sale of product and no representation was made by the OP2 regarding the installation of AC after purchase of the product . So OP2 being a third party manufacturer has no role in any after sales service pertaining to the installation of the AC.
In the view of above fact and circumstances and carefully gone through the evidence and written statement available on record I consider that OP1 is solely liable for alleged unfair trade practice and deficiency in service of not installing the AC. Complainant had purchased such AC from OP1 to get relief from the high hit of summer season and for his own use and non providing of service, the complainant got suffering and mental agony. OP1 is duty bound to solve the problem of their customer but they failed to provide such service and entertain his customer. Hence order.
ORDER
OP1 is directed to refund the cost of AC Rs.35,796/- I further directed to pay Rs.30,000/- towards compensation for mental agony and harassment and Rs.3000/- towards litigation expenses within one month from the dt. Of order. Failing which the entire amount shall be paid by the OP1 @ 12 % interest per a annum from the dt of filing of the case till realization.
PRONOUNCED IN THE OPEN COMMISSION TO-DAY 15th day of May‘ 2024.
