PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-224/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Sri. Sitansu Sekhar Pattanayak,

R/O-3/D-19, Jagannath Mandir Colony, Budharaja,

Dist- Sambalpur, Odisha Pin- 768004.

Mob-9937369952.

Email-

                                      Versus

1. Proprietor, Nityasach Fitness Pvt. Ltd.

Plot No. 17, Thyagaraya Colony, Near AOC Centre Secunderabad,

Telangala-500015, Landline-040-27742583,

Mob-8008002748

Email-[1] aerofitservicecentre@gmail.com

 [2]  [3] Hercules Sports & Fitness

2^nd Floor, City Centre Mall, Farm Road, Mudipara, Sambalpur-768002,

Mob-9776648868/9437419402/9437569126

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Ex-parte

Date of Filing:06.12.2023,  Date of Hearing :28.02.2024  Date of Judgement : 15.04.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that on 22^nd January, 2017, the Complainant purchased one Motorised Treadmill AF737 manufactured by OP No. 1 from the show room of OP No. 2. The Treadmill abruptly stopped functioning displaying Error-1 on 24^th December, 2022 and the matter was immediately reported to OP No. 2 who is the authorised dealer of the product and supposed to provide the after sale services to the customer and also to OP No. 1 through email dtd. 24^th December, 2022. In response to the complaint the OP No. 2 sent his authorised technician to solve the issue. After examining the machine, the said technician reported as defect in PCB of the machine which needed to be repaired by the OP manufacturer and accordingly the Complainant agreed to get the PCB repaired and for which a sum of Rs. 2500/- was demanded by the technician towards the cost of repair. As per the demand of the technician, the Complainant paid Rs. 2500/- to the technician without any acknowledgement in support of the amount paid in cash. The PCB of the machine was sent to the OP No. 1 by the OP No. 2 for repairing. After a period of two months the repaired PCB was received by the OP No. 2 and the same was fitted in the machine by the Technician, but it failed to work. After report the OP No. 1 instructed OP No. 2 to send all the machinery and electrical parts of the machine such as PCB, Display Board and Motor to him to get it checked. Accordingly, the said parts of the treadmill were sent to the OP No. 1 for his necessary checking. After a gap of three months all the machinery and electrical parts were returned by the OP No. 1 certifying repaired. Accordingly, the repaired parts were fitted in the machine by the concerned technician to test, but it failed to work. As per the instructions of OP No. 1, the OP No. 2 sent again, all the machinery and electrical parts of the machine such as PCB, Display Board and Motor to him for his necessary action. After a Gap of three months vide mail on dtd. 9^th September, 2023 informed the Complainant that the machine need repairs at a cost of Rs. 17,820/- After agreed, the OP No. 1 sent all the new machinery parts to the Complainant through OP No. 2. After getting the new parts the Technician fitted the same but the machine failed to work giving the same error. The Complainant reported the issue to OP No. 2 over telephone but he expressed his inability to solve the issue. The Complainant approached the OP No. 1 to solve the problem of his own product through a series of mails. Both the O.Ps did not bother to honour the complaint and request. For that the Complainant is suffering due to non- functioning of the Treadmill.
2. The OPs are set-exparte.
3.  After perusal of the records available, it is found that the Treadmill purchased by the Complainant was not repaired by the OP NO. 1 although received the cost of the repaired. It is the duty of the OP NO. 1 i.e Manufacturer to repair the Treadmill properly but he did not take step to repair the same . Hence, deficiency in service found on the part of the OP NO. 1. Accordingly it is orderd.

                                                ORDER

The case is disposed of on merit. It is directed to the O.P No. 1 to refund the cost of the Treadmill Rs. 49,000/- and return back the old Treadmill,  to pay  Rs. 15,000/-  towards deficiency in service as Compensation and Rs. 10,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the whole amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 15^th day of April, 2024.

Free copies of this order to the parties are supplied.