Dt. of filing – 7/5/2018
Dt. of Judgement – 08/04/2019
Mrs. Balaka Chatterjee, Hon’ble Member
This petition of complaint is filed under Section 12 of the Consumer Protection Act, 1986 by Samir Kumar Chakraborty alleging deficiency in service on the part of the Opposite Party (referred as OP hereinafter) Great Eastern Retail Pvt Ltd.
Facts in brief are that the Complainant purchased one 5 star Panasonic Split Air Conditioner having capacity of 1 Ton being model no. CS-SC 12 SKY 5S on 9/2/2018 from the OP by paying Rs.30,500/- and said AC was delivered to the Complainant on 10/2/2018 and installation was done on 11/2/2018. The Complainant has stated that he noticed that outward unit of the said AC had been marked as 3 star and MRP Rs.24,400/- whereas the Complainant had paid Rs.30,500/- for purchasing a 5 star AC. On further scrutiny the Complainant claimed to have found discrepancies between the model he opted for purchasing and the model being no. CS-SC12 SKY S supplied to him and the Complainant immediately informed the said matter to the OP and a person on behalf of OP went to the residence of the Complainant in response to the intimation sent by the Complainant and took some photographs of the outdoor unit and its packing box and assured the Complainant to get a feedback from the end of the OP but no response had been received by the Complainant. Being aggrieved the Complainant sought information from PANASONIC INDIA PVT LTD regarding the star rating and price of the model supplied by OP to the Complainant and on receiving information the Complainant lodged written complaint to the OP on 15/2/2018 but no reply had been sent by the OP and finding no other way the Complainant lodged a complaint with R.O Directorate of CA & FBP. However the problem has not been solved and, therefore, the Complainant by filing the instant consumer complaint prays for direction upon the OP to replace the AC Unit with the model mentioned in the invoice and to pay compensation.
The Complainant annexed some documents including Tax invoice-cum-delivery challan, of AC PANASONIC SPLIT AC being no. CS-SC 12 SKY 5S/1.0 TON, document of AC being model no.CU SC 12 SKY 5S, mail communication.
The OP contested the case by filing written version denying and disputing all the allegations made out in the complaint petition stating, inter alia that the Complainant purchased one Split Air Conditioner being model no. PANASONIC CS-SC 12 SKY 5S/1.0 TON SPLIT AC INDOOR on 9/2/2018 by paying Rs.30,500/- and after completion of booking of the said AC the Complainant was requested to select the model and color of the AC machine and the chosen one was marked by the Complainant but at the time of installation of the said AC the Complainant refused to accept the same. The OP has further stated that their men and agent requested the Complainant to contact the OP to solve the problem and the OP was always ready to supply and install the AC machine of required version but the Complainant was not in mood to solve the problem. It is further stated by the OP that the OP has received the product from manufacturer in sealed box and only on delivery the said box has been opened and therefore, they are not liable for any manufacturing defects and accordingly prays for passing necessary order.
The Complainant adduced evidence in respect of which OP filed questionnaire and the Complainant filed reply. The OP prayed for treating written version as their evidence. Prayer was allowed.
In course of argument Ld. Advocate for the Complainant narrated the facts mentioned in the complaint petition.
Ld. Advocate for the OP submitted that OP is willing to replace the AC with booked one.
Decision with reasons
Admittedly the Complainant booked a 5 star Split Air Conditioner being model no. CS-SC 12 SKY 5S from the OP on payment of Rs.30,500/-. Tax invoice filed by the Complainant in support of his claim wherefrom it appears that on 9/2/2018 the items i.e. PANASONIC CS-SC 12 SKY 5S/1.0 TON SPLIT AC - INDOOR, PANASONIC CS-SC 12 SKY 5S/1.0 TON SPLIT AC – OUTDOOR and AC BRACKET OUTDOOR was purchased by the Complainant on payment of Rs.30,500/-.
The Complainant have claimed that instead of PANASONIC CS-SC 12 SKY 5S he was supplied PANASONIC CS-SC 12 SKY Outdoor Unit which is lower version than the previous one. Photocopy of the details of Outdoor Unit filed by the Complainant supports that he was supplied with CS-SC 12 SKY 5Out door Unit MRP of which is 24,400/- .
It appears from operating instruction of PANASONIC Air Conditioner filed by the Complainant that CS-SC 12 SKY 5S and CS-SC 12 SKY 5 are different from each other. Moreover, it is also admitted by the OP that instead of booked version, another model being no. CS-SC 12 SKY 5 was supplied by the OP whatever may be the cause of supply of such product of different description but such act of OP causes harassment to the Complainant.
It is incumbent upon the OP to supply the chosen version of product to the customer as he received the consideration, and, further, before delivery of the product the invoice has been generated and details description of the products are described therein and, therefore at the time of delivery of the product the OP ought to have been cautious so that customers not to have face any inconvenience. In this case, the OP performed his job in very lackadaisical manner and, therefore, this act of OP amounts to deficiency in providing service and, therefore, the Complainant is entitled to get relief.
The Complainant has prayed for replacement of the AC Unit with the model mentioned in the invoice. We are inclined to allow this prayer. As regards compensation we think that act of the OP causes harassment and, therefore, the OP is liable to pay compensation to the tune of Rs.5,000/-.
In the result the consumer complaint succeeds.
Hence,
ORDERED
That CC/237/2018 is allowed on contest.
The OP is directed to replace the earlier AC with new PANASONIC CS-SC 12 SKY 5S/1.0 TON SPLIT AC and to install it in the residence of the Complainant within one month from the date of this order.
The OP is further directed to pay Rs.5,000/- towards compensation within the above mentioned period.