DATE OF FILING: 12.10.2017
DATE OF DISPOSAL: 06.06.2018
Sri Karuna Kar Nayak, President.
The complainant Suresh Chandra Kara has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties (in short the O.Ps.) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he purchased an Air Conditioner Split type of IFB company on 29.04.2017 vide invoice No.55 dated 29.04.2017 for payment of Rs.39,000/- from O.P.No.1 for her daughter Samrnika Kara at Basudev Nagar 2nd line, Berhampur. On 03.05.2017 the 1st Party sent a technician for installation. While drilling the wall the water pipe line got damaged and work was delayed by 05 days and the installation work was uncompleted. On 08.05.2017 the AC was installed but the technician did not give the customers copy of service installation because there were no warranty card/users manual found inside the packaging box. Since that day AC was not cooling efficiently and reported this matter to O.P.No.1. On 29.07.2017 the AC stopped working to completely. On reporting the O.P.No.1 send to O.P.No.2 and a technician attended to our complaint on 05.08.2017. After examining the AC the technician reported that the indoor unit PCB was burnt. After 25 days on 31.08.2017 the indoor unit PCB was changed but still there was no improvement in performance of AC for cooling. So the technician charged some gas into the compressor. On 01.09.2017 complainant went to service center complaint again the AC is not performing. The technician found that the cooling coil of indoor unit was leaking. They removed it from wall and advised to deposit it at service centre and the complainant did the same. On 13.09.2017 after repair of cooling coil they fitted the indoor unit on wall. During trial run the compressor of outdoor unit made a blasted. They took its photo and went back. On 05.08.2017 the complainant filed a complaint to the O.P.No.3 IFB Company’s call center register No.1000300864. Again on 14.09.2017 the complainant filed a complaint to the O.P.No.3 Company’s call center register No. 1000434569 but all in vain. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay Rs.39,000/- with interest 18% interest per annum from the date of purchase of AC, compensation of Rs.31,000/- for harassment and causing mental agony, and litigation costs of Rs.10,000/- in the best interest of justice.
3. Notices were issued against the Opposite Parties but the O.P.No.1 did not appear on the date fixed and though O.P.No.2 & 3 appeared through their authorized agent but failed to file any written version in the stipulated period as such all the O.Ps set exparte on dated 06.03.2018.
4. On the date of exparte hearing of the consumer complaint learned counsel for the complainant is present. We heard argument from the advocate for complainant at length. We perused the complaint petition, written arguments and citation placed on the case record. It reveals that the complainant has failed to file any documentary evidence such as technical expert opinion, job sheet, warranty/guaranty cards etc. that his AC was repaired by the O.Ps repeatedly. It is pertinent to mention here that though the complainant did not find any warranty card/user’s manual inside the packing box, but he fails to file any documentary evidence that he has brought the matter to the notice of O.Ps. However, taking the sole testimony of the complainant and materials on record, we hold that the O.Ps are negligent in rendering proper service to the complainant. Hence in our considered view there is deficiency in service on the part of the O.Ps.
7. In the result, the complainant’s case is allowed on exparte against the O.Ps. All the O.Ps are jointly and severally liable as such they are directed to repair the complainant’s IFB Air conditioner in free of cost as per the complainant’s satisfaction alongwith fresh warranty or in alternative refund the cost of the Air conditioner i.e. Rs.39,000/- with 12% interest from the date of purchase within one month from receipt of this order. Further, the O.Ps are also directed to pay Rs.10,000/- only as compensation for mental agony alongwith Rs.2000/- only towards cost of litigation to the complainant within one month from the receipt of this order failing which all the dues shall carry 14% interest per annum. The case is disposed of accordingly.
The order is pronounced on this day of 6th June 2018 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
