Ld. Advocate(s)

                   For Complainant: Subhasis Roy

                   For OP/OPs : None.

Date of filing of the case                    :20.05.2022

Date of Disposal  of the case            : 19.06.2023

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Final Order / Judgment dtd.19.06.2023

Complainant above named filed the present complaint u/s 34(1), 34(2) (d), 35, 36 and 39 of the Consumer Protection Act, 2019 against the aforesaid opposite parties praying for direction to the OP to take necessary steps for proper service or to refund the amount of Rs.37,990/-, compensation amounting to Rs.76,000/-, cost of the case and other reliefs.

 He alleged that he purchased one Voltas A.C. on 22.01.2022 from OP NO.1 placing the order of gas category R-22 but after receiving the product he found that gas category is R-32. Complainant made call to customer care. They informed to wait for 48 hours for Voltas team to uninstall the A.C. and also asked to wait for pick up the product. After installing the A.C. complainant did not receive any link from OPs site and till date product has not been picked up. Hence the complainant filed this case.

Trial

During trial complainant filed affidavit in chief.

DOCUMENTS

Complainant filed following documents viz:-

1.  Tax invoice in respect of  purchase of 1.5 ton Hot and Cold Split A.C...........(One sheet).......(Original)
2. Consigned Blue Dart........(One sheet).........(Original)
3. Return/Refund Status...........(One sheet)..........(Colour print)

Brief Notes of Argument

                    Complainant filed BNA .

Decision with Reasons

We have carefully gone through the petition of complaint, documents filed by the complainant, affidavit in chief filed by the complainant and BNA filed by the complainant. We have carefully considered the same.

On perusal of Tax invoice, we find that complainant purchased the aforesaid A.C. on payment of Rs.37,990/-.

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Complainant stated in his affidavit in chief that he purchased the aforesaid product with the gas category of R-22 but after receipt the product ,he found gas category is R-32. Thereafter, he informed the matter to the OPs. Thereafter, representative of OPs came and uninstalled the A.C. but till date they did not take back the same nor refunded the amount even they did not take any respond after receipt of the legal notice.

On perusal of  status of the product collecting  from internet  dated 09.02.2022, we find a note that “Return Started”, we also find a note that company agreed to refund the amount  but as per allegation of the complainant no refund made till date.

On perusal of record, we find that complainant is the consumer and OP No.1-2 are service provider.

Having regard to the aforesaid discussion and considering the affidavit in chief of the complainant, considering  the documents on record  and considering  the submission of the Ld Advocate for the complainant, we find that  complainant has able to established  his grievance against the OPs and he is entitled to relief as per his prayer.

In the result present case succeeds.

Hence,

          It is

                                                Ordered

                                                                   that the present case be and the same is allowed ex-parte against the OP NO.1-2 with cost of rs.3,000/- (Rupees Three thousand) to be paid by OP NO.1-2 in favour of the complainant.

OP No.1-2 jointly or severally are directed to replace the aforesaid product by proper specification for which it was purchased within one month from this day or refund  the amount Rs.37,900/-(Rupees Thirty seven thousand nine hundred) in favour of the complainant within one month from this day failing which aforesaid amount  shall carry interest  at the rate of 9% per annum from this day to till the date of  actual

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reimbursement and complainant shall  have liberty to put this order into execution.

OP No.1-2 are further directed to pay Rs.10,000/- (Rupees Ten thousand) as compensation in favour of the complainant within one month from this day failing which complainant shall have liberty to put this order into execution.

Let a copy of this final order be supplied to both the parties as free of costs.

Dictated & corrected by me

 ............................................

                PRESIDENT

(Shri   DAMAN PROSAD BISWAS,)        ..................... ..........................................

                                                                                              PRESIDENT

                                                                        (Shri   DAMAN PROSAD BISWAS,)

I  concur,

   ........................................                                                 

          MEMBER                                                                

(NIROD  BARAN   ROY  CHOWDHURY)