Orissa

Sambalpur

CC/1/2022

Jitendra Deo, - Complainant(s)

Versus

1.C.G. Power And Industrial Solution Ltd. - Opp.Party(s)

D.D.Panda, S.Pujhari & Associates

27 Feb 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint Case No.- 1/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Jitendra Deo,

S/o-Bhikari Ch. Deo

R/o- Kaitha Sahi,

At/PO/Ps-Rairakhol

Dist-Sambalpur, Odisha                                      ...………..Complainant/Applicant

                                                Versus

1. C.G. Power And Industrial Solution Ltd.

Regd. Office at C.G.House, 6th Floor,

Dr. Annie Road Worli, Mumbai-400630.

2. Balaji Agency, N.H.6, Baraipali, PO/PS/Dist-Sambalpur.
3. D.S.Electrical, Modipara,

Po/Ps/Dist-Sambalpur

(Authorised Service Centre of Crompton Greaves)

4. Prem Electrical,

At/Po/Dist-Bargarh,                                             …………...Opp.Parties

 

Counsels:-

1. For the Complainant         :-       Sri. D.D. Panda & Associates
2. For the O.P No.1, 3 & 4     :-      Exparte
3. For the O.P No.2                :-       Sri. S.N. Dhal & Associates

 

Date of Filing:22.03.2022,Date of Hearing :10.01.2023Date of Judgement : 27.02.2023

Presented by Dr. Ramakanta Satapathy, President

1. The Complainant on 22.01.2021 purchased one (1) H.P.-229V-1500ROM Motor(COP) vide invoice No. R-10000897 dated 22.01.2021 for an amount of Rs. 7500/- from O.P. No.2. The O.P. No.2 issued Warranty Card also. The Complainant lodged a complaint before O.P. No.3 for the mechanical defect. As per direction of O.P. No.3 motor was given to O.P. No.4 for removal of defects but after repair also same problem arose. Intimation was given to O.P. No.1 through advocate and to O.P. No.2 but there was no effect. Due to non-working of motor the Complainant sustained heavy loss. For deficiency in service and defects in the product complaint was lodged.
2. After notice also O.P. No.1, 3 & 4 did not turn up, hence they have been set ex-parte.
3. The O.P. No.2 after appearance filed version and stated that the purchase of motor is true but the O.P. No.2 denied that he has no knowledge about the mechanical defect. No notice has been received from advocate for Complainant. The Company is responsible for the defects in product as warranty card is given. The case is not maintainable against the O.P. No.2.
4. Perused the documents filed by the Complainant. The O.P. No.2 issued invoice No. R10000897 dated 22.01.2021 for an amount of Rs. 7100.00 for the 1 H.P.-220V. 1500RPM Motor (COP). Warranty Card Serial No. GF7504 was also issued. The Complainant issued notice to O.P. No.2 without mentioning the date. As per Complaint first time D.S. Electricals, Modipara, Sambalpur and then Prem Electrical, Bargarh contacted for repair but no result found. On 09.10.2021 the customer Care was contacted but no any result found. On 13.12.2021 a pleader notice was sent to O.P. No.1 through advocate in Sri. Sanjib Kumar Pattanaik.
5. After perusal of the documents it reveals that the O.P. No.3 & 4 service providers have not given any details of the service provided. The warranty was for a period of 12 months from the date of purchase i.e. 22.01.2021 to 21.01.2022. After the sale of product the retailer’s liability is over. The authorised service stations, it was their duty to pointed out the defects, imperfection in the product etc. For sale of a product it is the duty if manufacturer to give sufficient opportunities to the purchaser by providing service, stations and it is the duty if service stations to intimate the manufacturing defects to the manufacturer and also to the customer. In the present case there is no documentary defects. But it is seen that the O.P. No.1 not provided proper service to the Complainant in time nor any job card has been issued by the service provider of the O.P.No.1, it amounts to deficiency in service.

Accordingly, it is ordered:

 

 

 

6698606.  

The complaint is allowed on ex-parte basis against O.P. No.1 and dismissed against O.P. No.2 & 3 & 4. For deficiency in service the O.P.No.1 is directed to rectify the defects, imperfection in purchased motor of the Complainant within one month of this order and pay a compensation of Rs. 25,000/- for harassment. In case of non compliance the O.P. No.1 shall be liable to replace the defective motor and 6 % interest per annum w.e.f. 22.01.2021 till realisation. Further the O.P.No.1 shall be liable to pay litigation cost of Rs.5000/- to the Complainant.

Order pronounced in the open court on 27^th day of February 2023.

Supply free copies to the parties.