PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 118/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. SadanandaTripathy, Member,
Bibekanand Biswal, aged about 37 years,
S/O- KshetrtamaniBiswal, Occupation Private Job,
R/O- Baduapali, PO- Baduapali, Ps-Sadar
Dist-Sambalpur-768113, Odisha, …………........Complainant
Vrs.
- Never Owned.in
32, Chattarpur Main Road,
Shahoorpur Extension ChandanHola, Delhi
New Delhi Pin-110074, India
- Flipkart India Private Limited
Regd. Office at Vaishnavi Summit, No.6/B,
-
Bangalore-760034, India...…...…….Opp. Parties
Counsels:-
- For the Complainant :- Smt. A.Ghusi & Associates
- For the O.P.s :- Sri. A.K.Sahoo & Associates
Date of Filing:01.08.2023, Date of Hearing :01.07.2024, Date of Judgement :20.08.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant ordered a new Air Conditioner from O.P.No.2 with specification 1 ton 3 star Inverter AC vide order No. 1059 dated 30.05.2023 and paid Rs. 21,392/- through phone pay vide Tr. I.D. No. T 230530072127529218230 which included Rs. 1000/- delivery charge. When the Complainant received the order on 06.06.2023 Rs. 22392 was charged instead Rs. 21,392 as promised in the order. Due to heat situation AC was installed on 07.06.2023 but on 08.06.2023 it stopped working. O.P.No.1 was informed. The O.P.No.1 advised to install one app namely one assist and register to complain. App was installed but customer care denied saying that the product is under the warranty of the Company.
The O.P.No.2 was informed from 08.06.2023 to 16.06.2023 after several request also nobody visited. Lastly when on 16.06.2023 another complaint made and on 17.06.2023 one technician came. The technician after checking found that the AC installed is different than the ordered product. Compressor was not working and the company was informed. There was difference in model number, manufacturing date and type. Sl. No. in outer cover was 153SIAA22WW and name mentioned MarQ Flipkart Inverter AC. But inside MarQ Flipkart 1 ton 3 starsplit Non-Inverter AC was found having value Rs. 16999/-.
After complain by technician the O.P.No.1 was informed. The O.P.No.1 said by mistake other product has been sent and advised to manage. After two weeks waiting technician came, replaced compressor but it worked for only 2 hours and shut down. After repeated complaint also O.Ps not responded and failed to provide warranty service.
Being aggrieved complaint has been filed.
- The O.P.No.1 in reply submitted that the Complainant purchased MarQ product of Flipkart India Pvt. Ltd. for Rs. 21,392/- and packing charges & transport of Rs. 1000/-. The O.P. No.1 is the seller and complainant was informed about extra package charges of Rs. 1000/-. O.P.No.2 is the manufacturer. The ordered AC has been supplied to the Complainant. O.P.No.2 is liable for the warranty.
- The O.P.No.2 manufacturer not submitted its version.
- Perused the documents filed by the Complainant. The O.P.No.1 has issued receipt for Rs. 21,392/- which includes shipping from Delhi NCR to Sambalpur Rs. 1000/-. The specification of the product is MarQ Flipkart 1 Ton 3 star split inverter AC white XI. The Complainant paid Rs. 21,745.39P vide Tr. I.D. T-2305300721275129218230 to open box INC. Again Rs. 1000/- was paid to open Box inc vide U.P.I. Ref No. 351611480571. The O.P. No.1 supplied bill of Rs. 22392/- product cover reflects model No. 153SIAA22WW/white Brand MarQ product-split inverter air Conditioner. The inside cover reflects model FKAC1035 FAA which is a non-inverter AC. The value of the product is Rs. 16,999/- which is supplied to Complainant. From messages sent to O.Ps it is clear that the technician visited the Complainant, replaced the compressor but it not worked.
- The O.P.No.1 is the seller of the product and received Rs. 22392/- from the Complainant for the product MarQ 1 Ton 3 star split inverter AC white colour whereas supplied model No. FKAC 1035FAA a non-inverter Ac having price of Rs. 16,999/-. The O.P.No.1 has supplied different specification product of lower cost and charged Rs. 22,392/-.
Secondly from the correspondences it reveal that the compressor of the product replaced and till date it is not in working condition. The product is having inherent manufacturing defect and the manufacturer is to replace the product supplied to the Complainant.
Taking into consideration the circumstances of the case following order is passed.
ORDER
The complaint is allowed contest against the O.Ps. The O.Ps are jointly and severally liable to replace the product within one month of this order. In-case of non-replacement the O.P.No.1 shall be liable to pay Rs. 22,392/- with 7% interest P.A. from the date of purchase till realisation. For unfair trade practice the O.Ps are liable to pay compensation of Rs. 25,000/- each to the Complainant along with litigation expenses of Rs. 5000/- each. In-case of non-payment within one month the entire amount will carry 12% interest P.A. till realisation.
Order pronounced in the open court on 20th day of August, 2024.
Supply free copies to the parties.
