PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 160/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Jagdish Mishra, aged about 56 years,

S/O- Nirakar Mishra,

R/O- Jharuapada, Near Post Office, PO-Jharuapada, PS-Town,

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

                                    -Vrs.-

1. Whirlpool of India Limited, Head Quarter-

Plot No.40, Sector-44, Gurugram, Gurugaon, Haryana-122002.

2. Proprietor, “Tata Unistore Limited”, C/o-Proconnect Supply Chain Solutions Ltd. At-Mouza-Sankharidaha, JL 22, PO-Begri, PS-Domjur,

Howrah-700023(WB)

3. Proprietor, Mahanadi Refrigeration, Near Ashapali School.

Opp. Women’s Police Station, Dist-Sambalpur-768001……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. P.K.Kar & Associates
2. For the O.P.No.1                :- Sri. A.K.Kedia, Adv.
3. For the O.P.No.2 & 3         :-Ex-parte

Date of Filing:10.05.2024,  Date of Hearing :20.08.2024,  Date of Judgement :03.09.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased one whirlpool 2 ton Inverter 2 star Copper Split AC, from O.P. No.2 seller vide order No. 201002-009-175160 on 02.10.2020 for Rs. 35,000/- with 10 years warranty. After one year when the AC not worked properly complaint was made on 10.04.2024. O.P.No.3 service provider took Rs. 7000/- at the time of installation Rs. 1200/-. On 16.12.2023 to-wards cost of spare parts. When again problem like cooling started O.P.No.3 reported problem in compressor but till date not replaced. The O.Ps are jointly liable for deficiency in service.
2. The O.P.No.1 manufacturer submitted that Air conditioner (AC) was purchased from O.P.No.2 on 02.10.2020. For some additional accessories Rs. 6800/- including installation charges were taken on 10.10.2020. Installation was made vide job-sheet No. 38843. During warranty period of one year no any complaint lodged till 01.10.2021. 9 years warranty is on compressor and first time complaint was made on 10.03.2022 and technician found the AC was OK.

On 27.07.2022 in job sheet No. 38840 leakage of water was removed. On 28.07.2022 job sheet No. 38843 was prepared and water leakage and serving was made. On 05.07.2023 technicians of O.P.No.2 & 3 attended complaint vide job sheet No. BHU05072351176 and found mishandling of the AC. Vide job sheet No. 46733 dated 10.04.2024 defect in the PCB and it was changed. On 10.04.2024 never lodged any complaint with O.P.No.1. The O.Ps are having no fault dragged to the Commission. The Complaint needs to be dismissed.

3. The O.P.No.2 & 3 are set ex-parte.
4. Perused the documents filed. Complainant purchased the AC on 03.10.2020 for Rs. 34,990/- with one year warranty. Nine years additional warranty was provided on compressor. Complaints have been made on 24.09.2022, 05.07.2023, 04.08.2023. Service requests made on 27.07.2022 and water leakage problem resolved. On 16.12.2023 cooling problem detected and certain parts were installed. On 10.04.2024 less cooling problem complained. The O.Ps have not filed any documents to substantiate their cases.
5. After perusal of the pleadings and documents filed it revealed that nine years warranty has been provided on the compressor of the AC and on 16.12.2023 certain parts were replaced and cooling problem was detected. Again on 10.04.2024 the same problem less cooling has been pointed out. It is clear that the AC was having cooling problem and after replacement of parts also the same problem continued for which complaint has been filed.

The Complainant has met all the expenditure for repairing of the Ac but the same problem continued and the technicians of the O.P.No.2 & 3 failed to resolve the same. Non-providing of satisfactory repairing service amounts to deficiency in service. The manufacturer has to provide warranty service during warranty period and as seller and service provider the O.P.No.2 & 3 failed to provide proper service. Accordingly, all the O.Ps are jointly and severally liable for non providing repairing and warranty service to the Complainant.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The complaint is allowed on contest against the O.P.No.1 and ex-parte against O.P.No.2 & 3. The O.P.No.1 is directed to replace the compressor of the AC and ensure the working of AC within one month of this order. In case of non-replacement the O.P.No.1 shall be liable to pay Rs. 35,000/-. For deficiency in service all the O.Ps are directed to pay compensation of Rs. 10,000/- each and litigation expenses of Rs. 5000/- each to the Complainant.

Order pronounced in the open Court today on 3^rd day of Sept., 2024.

Free copies of this order to the parties are supplied.