PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-197/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Prakash Pradhan,

S/O-Late Bhojraj Pradhan,

R/O-Gountiapada, Lahanda, Ps-Attabira, Dist-Bargarh,

At present R/O- Matru Bihar, Danipali,

Budharaja, Ps-Ainthapali, Dist-Sambalpur.           ……………..Complainant

Vrs

1. Reliance Retail Limited(Reliance Digital)

At-Plot No.262,263,270,271, Unit-14, Budharaja Main Road, Danipali, Sambalpur-768004.

2. Reliance Retail Limited.

1^St Floor, Wing A & B, Fortune Tower, Chandrasekharpur,

Bhubaneswar Khurda-751023.

3. Reliance Retail Limited,

Dadhichi educational Trust Vidya Vihar, Plot No.3 Mauza(village) Deuli, Ps-Olatpur, Cuttack-754002.

4. Hitachi Home and life Solution India Limited,

Hitachi Office N-4, 37 irc Village, Nayapalli, Bhubaneswar,Odisha-751015.

5. Hitachi India Pvt. Ltd.

Head Office At- Worldmark 1 Tower B, Aerocity, Delhi(near IG International Airport) PIN-110037.                            ……….....Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. S.Dash & Associates
2. For the O.P. No.1 to 3        :- Sri. S.K. Patjoshi & Associates
3. For the O.P.No.4 & 5         :- Ex-parte

Date of Filing:27.06.2024,  Date of Hearing :07.10.2024  Date of Judgement : 25.11.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant has purchased one AC from the OP No. 1 on 23.04.2024 for his use which costs Rs. 38,931/-, consisting of Hitachi IDU 1.5T 3SINV IZENG318PCBISF and Hitachi ODU 1.5T 3SINV IZEN G318PCBISF of base price of Rs. 27,045/- and Tax of Rs. 7572/- and grand total of Rs. 34,618/- as per the delivery challan provided by OPs. After purchase the AC was installed by one staff of COOL World Service arranged by the OPs and one stand and drain pipe was needed to purchase and hence the Complainant paid the amount of Rs. 1570/- for that on dtd. 28.04.2024. Since the day of purchase the AC is not functioning  properly as the AC got power off itself within a few times, in short the AC purchased by the Complainant from the OPs is a defective piece and the OPs have cheated the Complainant by taking advantages of the simplicity of the Complainant. The Complainant have frequently visited the service and requested for a speedy solution of the issue by assigning technicians and resolving the glitches. But the OPs put a deaf ear to him, they repeatedly adjourning the service request of the Complainant. Hence, this case.
2. The OPs have not given their Version.
3. After going through the records, evidences and submission of parties, it is observed that from the date of the installation of the AC, the AC was having problem. So, It is deemed that the AC is a manufacturing defect and out of several request by the Complainant, the OPs had not taken any step to resolve the problem of the Complainant. So, the OPs are deficient in service and unfair trade practice. Hence the O.Ps are liable for giving compensation to the Complainant.

                             ORDER

The case is disposed of on merit. The O.Ps are directed to pay back the amount of AC as well as the other expenses or to exchange a new AC of the same model, Rs. 50,000/- towards negligence, deficiency in service as Compensation and Rs. 10,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 25^th day of Nov, 2024.

Free copies of this order to the parties are supplied.