PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                         CONSUMER COMPLAINT NO. 184/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Jayaprakash Soni, Aged about 39 years,

S/O-Late Omprakash Soni,

At- Kuluthkani, PO/PS-Dhanupali,

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

-Vrs

1. Reliance Retail Limited, Raliance Digital,

Situated at Budharaja, 1^st and 2^nd Floor, Ps-Ainthapali,

Dist-Sambalpur,Odisha-768004.

2. Proprietor, SAI SIDDHI AGENCY Authorised Samsung Service Centre,

Plot No. 572/6650, Amrut Vihar, Infront of Maruti Suzuki Showroom,

Ps-Ainthapali, Dist-Sambalpur

3. Sales Associates/Service Engineer, Reliance resQ Personalised Service,

At-Budharaja, 1^st and 2^nd Floor, Ps-Ainthapali,

Dist-Sambalpur-768004.

4. Samsung India Electronics Pvt. Ltd.

Regd. address 6^th floor, DLF Centre, Sansad Marg,

New Delhi-110001.                                              …………….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. P.K.Kar & Associates
2. For the O.P. No.1 & 2        :- Ex-parte
3. For the O.P. No.3            & 4        :- Sri. S.K.  Mohanty & Associates

Date of Filing:19.10.2023,Date of Hearing :12.03.2023,Date of Judgement : 22.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that on 30.03.2021 the Complainant purchased one Samsung Air Conditioner, Model AR18 AY5Y-AWK from O.P. no.1 for an amount of Rs. 51,726 with one year warranty from service center( O.P. No.2) and two years extended warranty from personalized service centre (O.P. no.3). The O.P. no.4 is the manufacturer.

On 20.04.2021 complaint was made for problem in air conditioner. O.P. No.1 repaired. After few months when problems arose request made to O.P. No.1 & 2 but no respond made. Complaint was registered on 20.05.2022. The O.P. No.3 attended and advised to change the remote. After Several requests on 14.05.2023 remote was supplied by O.P. no.3 taking Rs. 900/-.

For non-cooling and odd sounds, number of complaints made to O.P. No.3 on 27.09.2022, 29.03.2023, 10.05.2023, 30.05.2023, 31.05.2023 and on 19.06.2023 but is was in vain. O.P. no.3 failed to provide service for which the Complainant took the help of O.P. no.2 and paid Rs. 1300/- on 14.10.2023. The AC is a defective one for which the Complainant harassed.

2. The O.P. no.1 & 2 have been set ex-parte. The O.P. no.3 after appearance also not filed version. The O.P. no.4 submitted that there is no any manufacturing defect in the air conditioner and the dispute is not a consumer dispute. As per warranty condition within one year of purchase free of cost service has been provided by the manufacturer. Complaint to O.P. no.3 is not within knowledge of O.P. No.4. Hiring of service of O.P. no.2 on 14.10.2023 on payment of consideration is admitted. The air conditioner was working perfectly just after cleaning the sir filters and rendering wet service without replacing any spare parts. The Complainant not filed any report of experts or materials to support Consumer dispute/unfair trade practice/deficiency in service.

There is no deficiency in the part of O.Ps and complaint is liable to be dismissed.

3. Perused the documents filed by both the parties.

The complainant filed:

1. Bill dated 30.03.2021 purchased from O.P. No.1.
2. Warranty conditions of O.P. no.4.
3. Extended warranty brochure of O.P. No.3.
4. Service details sheet.
5. Payment receipt to O.P. No.2 for Rs. 9000/- through online transfer dated 14.05.2023.
6. Receipt No. 2326 dated 14.10.2023 issued by O.P. no.2 for Rs. 1300/-.

The O.P. no.4 filed following documents:

1. Service request attendance letter dated 14.05.2023.
2. Warranty conditions.
3. Payment receipt of Rs. 900/-.
4. Payment receipt of Rs. 1300/- dated 14.10.2023.
5. Copy of Pleader notice dated nil of Rohit Gurung (Incomplete notice missing page 1 & 2)

4. From sequence of events it reveals:

30.03.2021:Air conditioner purchased.

14.03.2023: Job Card No. 475614 and remote was provided on payment of Rs.

900/- on 14.05.2023.

13.10.2023: Job No. 4380029075 attended By O.P. No.2 and payment of Rs. 1300/-.

The warranty was for a period of one year valid from 30.03.2021 to 29.03.2022. During this period the authorized service centre attended the free services on 20.04.2021 only. Thereafter the paid services started. It is the admission of both the parties that on 14.03.2023 and 13.10.2023 the O.P.No.2 attended the alleged air conditioner and the Complainant paid Rs. 900/- and Rs, 1300/- respectively. No any documentary proof has been filed by the Complainant to prove that there was manufacturing defect. The O.P. No.2 attended the paid services after the warranty period and clearly opined vide report dated 14.05.2023 that defect in remote is there and suggested for replacement of remote.

Secondly from submission of O.P. no.4 it is clear that on 13.10.2023 the air conditioner was working perfectly by rendering wet service by cleaning the filters. Out of warranty period service charges of Rs. 1300/- received from Complainant. It proves that the air conditioner as working perfectly till 13.10.2023 having without any manufacturing defects. The warranty for compressor, digital inverter compressor and condenser has been specified in warranty card. No any allegation has been raised relating to the parts specified.

No any deficiency in service found against the O.Ps. Accordingly, the complaint is dismissed on contest against O.P. No.3 & 4 and ex-parte against O.P.No.1 & 2.

Order pronounced in the open court on this 22^nd day of April, 2024.

Supply free copies to the parties.