Orissa

Kendujhar

CC/64/2022

Ramachandra Sethi - Complainant(s)

Versus

M/S A.K Electrical - Opp.Party(s)

R.K Bhuyan

12 Apr 2024

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KENDUJHAR, ODISHA
 
Complaint Case No. CC/64/2022
( Date of Filing : 31 Oct 2022 )
 
1. Ramachandra Sethi
S/O-Late Nandu Sethy At/Po-Balipal, Ps-Ghasipura
...........Complainant(s)
Versus
1. M/S A.K Electrical
Main road,Jajpur road,P.S-Jajpur road, Dist-Jajpur,Mob-9040464528
2. Glen Appliance pvt Ltd
1-34 DLF Industrial Area Phase-1, Faridabad, Pin-121003
............Opp.Party(s)
 
BEFORE: 
  Biranchi Narayan Patra PRESIDENT
  Jiban krushna Behera MEMBER
 
PRESENT:
 
Dated : 12 Apr 2024
Final Order / Judgement

Brief fact of this case is that, Sri Ramachandra Sethi, Complainant has purchased one Glen CH6063 Chimney Auto clean 90cm 4 foot through M/s  A.K.Electricals the Op.No.1 with brand name Glen  of Glen Appliance Pvt.Ltd, the manufacturer of Hal Chimney auto clean 90cm 4 foot on 13.02.2021 for consideration amount of Rs.40,035.00 with their Invoice  No.5345. to carry on his business. The Op No.1said to complainant that the said chimney auto clean 90cm 4 food has been guaranteed for trouble free service for a period of 2 years from the date of purchase.The complainant found the said chimney auto clean defective and lodged complain to Op.No.1 which has been acknowledged. The complainant also complained to  Op.No.2 over phone several times but no one come forward to rectify the defects. The complainant with a hope to remove the defect chimney visited personally in the shop of Op.No.1 and ventilateed his grievance. The Op.No.1 stated that, all the trouble free service are to be rendered by the Op.No.2 and the shop has no list corner to remove the defect but only to sold the item. Both the Ops miserably failed to discharge their obligations in terms of guarantee given to the complaint at the time of purchase of the said chimney and cheated the complainant. The defect in the chimney is a result of poor workmanship of the manufacturers for which the complainant has suffered loss for a period of 2years from the date of purchase. The complainant has not been able to use the chimney for more than one year and he has been in  great mental pressure because of extremely negligent attitude of Op No.1 & 2.So the complainant filed this case praying to pay Rs.40,036.00 being the price of Chimney and Rs.100/- per day from 13.02.2021  for 635 days  for Rs.63,500.00 comes  to  total Rs.1,03,536.00 to the date of payment as compensation for the harassment, inconvenience, frustration and mental agony by the complainant.

To prove this case the complainant relied on the following documents.

  1. Photo copy of Tax invoice.
  2. Warranty card.
  3. Complaint No.ORCF-1309220390
  4. Complaint No.ORCF-0710220264
  5. Gmail request for repair.

Under the above complain the case was admitted and notice issued to Ops. All Ops appeared and filed their written version in detail. The complainant purchased the Chimney was installed  and working properly. The complainant has written through complaint that the chimney carries the trouble free service of 2 years . However, as per actual/ company norms the chimney carries warranty of 1 year and 5years on motor which may be checked through company’s website glenindia.com. The Op.1 further guided the customer correctly to register the complaint with Op.No.2(as per manual customer copy) and the product Box, for any service/re installation concern any customer can register the issue directly at 9266655555 or email at

The Ops relied on the following documents.

  1. Installation/service report.

On the above pleadings the following issues are framed to decide the case.

  1. Whether the case is maintainable?
  2. Whether any cause of action arises on this case?
  3. Whether Ops have made any deficiency of service?
  4. Whether the complainant is entitled to get any relief sought for?

                                             FINDINGS

All the issues are related with each other, so the case is decided jointly.It is a fact that, the complainant has purchased one Glen CH6063 Chimney Auto clean 90cm 4 foot through M/s A.K.Electricals. After finding defect the complainant lodged complain to Op.1 which has been intimated to Op.2. So far as the defects of the Chimney is concerned the defect has not been ractified by the Ops. In this context the Ops have not submitted any documents regarding service report to the complainant. The Chimney carries one year warranty and the motor carries five years warranty. The Ops has assured to best of service to complainant in future.

            This Commission has not satisfied with Ops statement regarding render of service to complainant. This commission has not passed any order on 17.12.2022. The Ops have made deficiency of service on his part. So they are liable to pay as per the prayer of the complainant.

                                                                        ORDER.

The Ops are jointly and severally liable to pay Rs.40,035.00 to the complainant on surrender of the defect Chimney. The Ops are also directed to pay compensation of Rs. 10,000.00. The Complainant is at liberty to realize the entire amount Rs.50,035.00 from the date of the application.

 
 
[ Biranchi Narayan Patra]
PRESIDENT
 
 
[ Jiban krushna Behera]
MEMBER
 

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