DATE OF DISPOSAL: 04.12.2023

PER:   SRI SATISH KUMAR PANIGRAHI, PRESIDENT

The fact of the case is that the complainant has filed this consumer complaint Under Section 35 of the Consumer Protection Act, 2019, alleging deficiency in service against the Opposite Parties (in short the O.Ps.) and for redressal of his grievance before this Commission.  

2. The complainant purchased a bluster wind AC bearing GSTIN No. 21AAHPL2640QIZM as per invoice No. 0310/2021-22 dated 27.04.2021 for payment an amount of Rs.27,990/- including GST. After using only few months during summer season, the said AC required maintenance from starting summer season 2022 year onwards. The complainant contacted to the R.S. Distributors and Authorized service center Sri Maa Enterprisers. One technician has come on behalf of service centre and checked related problems and found that the PCV was not working properly. So he takes that PCV for repairing, after 10 days he put the PCV on window AC and demanded repairing charges of Rs.2500/- but the complainant is not taken because still the window AC is not going working on. The complainant asked him why the PCV was defected. The OP told that it is issue of current voltage frustration. The complainant is using stabilizer. Then the O.P. tried some days, after that told the AC fan is not working properly. Immediacy the complainant contacted his authorized person of service centre Sri Anil sir and he tried to change the fan but unfortunately he unable did this. The complainant is agree to pay service charge of Rs.7500/- but still they unable to provide services. From that day onwards his AC was not repaired till date. So many times the complainant generated ticket by online booking and emailed continuously but nobody has visited, even singly day also. So he harassed due to high temperature and heavy hotness in seasonal. His family members, father (80 years old), mother (70 years old), wife, daughter and son lived under one umbrella, especially his son was getting very sick with entire body became prickly heat and sore with bleeding. All family members also struggled with same diseases. Hence the complaint.

3. Notices were issued to the O.Ps but they neither appeared nor filed any written version.

4. On the date of hearing we heard argument from the complainant at length. We have gone through the complaint petition and documents available in the record. In his complaint petition supported by affidavit the complainant stated that the O.P. failed to replace the defective Blue star wind AC or in alternative to refund the cost of the said A.C. i.e. Rs.27,990/- during the warranty period. This Commission by relying upon a citation passed by National Commission, New Delhi in M/S Sony Ericsson India Ltd. Versus Shri Ashish Agrawal 2008(1) CPR 47 such as: - “Where replaced mobile was also defective, State Commission rightly accepted the appeal for refund of the complainant rather than further replacement”. We feel there is deficiency in service on the part of the O.Ps. In the light of the above decision of law we allow the case.

So far as the compensation and cost of the case is concerned, we are convinced that the O.P failed to take any effective steps to short out the problem of the complainant for which the complainant has suffered physically and mentally. As such the complaint is entitled to get cost of litigation for filing his complaint in this Commission and has incurred expenses attending the case.

In the result we direct the O.P. to refund Rs.27,990/-  together with compensation of Rs. 10,000/- and also directed to pay Rs.3,000/- towards cost of litigation to the complainant within 45 days from the date of receipt of this order failing which all the dues shall carry 12% per annum till its actual date of realization and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all dues.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 04.12.2023