PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 244 /2023
Present-Dr. Ramakanta Satapathy, President,
Sri. SadanandaTripathy, Member,
Rasmita Sahu,
W/O-Ashok Kumar Patra,
R/O-Shree Ram Bihar, Gobindtola,
PO/Ps-Dhanupali, Dist-Sambalpur-768005, Odisha ......Complainant.
Vrs.
- Reliance Digital, At-Unit 14, Budharaja Main Road,
Danipali, Po-Budharaja, Ps-Ainthapali,
- Reliance ResQ Service Center,
At-Unit-14, Budharaja Main Road, Danipali, Po-Budharaja,
Ps-Ainthapali, Dist-Sambalpur.
- Samsung India Electronics Pvt. Ltd.
-
Dist-Mumbai, Maharashtra-400060……………........Opp. Parties
Counsels:-
- For the Complainant :- Sri. P.K. Mishra & Associates
- For the O.P.No.1 & 2 :- Ex-parte,
- For the O.P. No.3 :- Sri. S.K. Mohanty & Associates
Date of Filing:30.12.2023, Date of Hearing :13.05.2024, Date of Judgement :25.06.2024
Presented byDr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that on 26.05.2020 the Complainant purchased one SAMSUNG refrigerator Model No. FF394L2SRT39M-553858 ELGNT INX and SUMSUNG AC Model No. SAC 1.5T 5SINVAR18tX5QAWK for RS. 40,864/- and RS. 38,091/- respectively from O.P. No.1 Extended warranty was also taken both for refrigerator and AC having plan No. 600505581 and 600518627 after payment of Rs. 8041/- and Rs. 8637/- respectively till 25.05.2025.
On 12.04.2023 complaint No. 8057782002 was made relating to AC. O.P. no.2 assured to solve the problem by 29.04.2023 but is was in vain. On 22.04.2023 the Complainant received a text message from Samsung that complaint has been closed.
On 03.05.2023 again complaint No. 1185717310 and 4369971151 were made. O.P. no.2 assured to solve the problem. On 06.05.2023 engineer of O.P. No.2 after inspection told 3-4 parts are not working and requisition to O.P. No.3 to be made and estimate to be made. Without repairing O.P. No.3 closed the service request on 27.05.2020.
Being aggrieved alleging deficiency in service and unfair trade practice complaint has been filed.
- The O.P. no.1 & 2, seller and service centre have been set ex-parte.
- The O.P. no.3, manufacturer submitted that the sequence of events are as follows:-
26.05.2020- Air Conditioner purchased with extended warranty plan of O.P.
14.07.2020- Complaint weak cooling-job No. 4305950254 attended by M/S
Anima Electronics & appliances- No defect found- Remote setting made.
20.11.2020-Job No. 4314764395 attended by M/S Anima Electronics &
Appliances-cleaned the dirty filters.
03.04.2021- Job No. 4322565430 attended by M/S Anima Electronics &
appliances Air Filters cleaned.
30.06.2022- Job No. 4350588908-M/S Sai Siddhi Agency Attended-
Estimate provided. Complainant denied services on payment.
06.05.2023- Job No. 4369971151-M/S Sai Siddhi Agency attended-Step
motor replaced and complaint satisfied.
30.12.2023- Complaint was filed.
There is no manufacturing defect. After expiry of warranty period of one year complaint filed and the answering O.P. is not liable.
- This is a case of deficiency in service providing extended warranty. The Complainant purchased the air conditioner and to-wards extended warranty paid an amount of Rs. 8041/- vide receipt No. 000291 dated 28.05.2020 issued by O.P. No.2. The Complainant made following service request.
03.05.2023- Job No. 8058203794.
-
14.04.2023- Job No. 8057782002.
29.04.2023- Resolution date fixed by O.P. No.2.
22.04.2023- Service request No. 4369131705 charged INR 0.00.
27.05.2023- Servicerequest No. 4369971151 changed INR 0.00.
From the facts discussed Supra it is clear that there is no any allegation against O.P. No.3 regarding manufacturing defect nor against the seller, O.P. No.1. The O.P. no.2 extended the warranty till 25.05.2023 where as not attended the service request dated 03.05.2023 vide Job No. 8058203794 although assured to resolve within 48 hours. Likewise the O.P. No.2 not attended the request No. 8057782002 dated14.04.2023. It amounts to deficiency in service on that part of O.P. No.2 and also unfair trade practice not by resolving the problem.
Accordingly, following order is passed:
ORDER
The Complaint is allowed ex-parte against O.P. no.2 and dismissed against O.P. no.1 & 3. The O.P. No.2 is directed to resolve the problem in Air Conditioner within one month of this order and obtain a full satisfaction letter from the Complainant, without any servicing charges and replacement of parts. The O.P.No.2 is liable to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/-.
Order pronounced in the open court on 25th day of June, 2024.
Supply free copies to the parties.
