Smt. Saswati Saha- Member.
The case has been filed by the complainant Under Section 35 of the Consumer Protection Act, 2019.
The fact of this case in brief is that the complainant Sri Sunit Kumar Chattoraj is a resident of Gopika Bilash Sen Lane, Baruipara, P.O. and P.S.- Suri, Dist.- Birbhum within the jurisdiction of this District Commission.
That the complainant purchased an Air-Conditioner (ONIDA AC- SA183WAV-N, Sl.-4804, ONIDA AC- SAI83WAV-T, Sl.-2348), from the OP No. 1, New Electrovision, N.S. Road, Suri, Birbhum on 30/06/2017, by paying a cost of Rs. 26,500 (Twenty six thousand five hundred only).
That the Regional Office of the manufacturer company of the said Air conditioner having address- Mr. Subodh Shrivastava, Howrah, 1/148, Krishna Kunj, Mirpara Road, Jwala Mathh, Liluah, P.O.- Bhattanagar, Howrah, 711203 is being OP No. 2.
That the registered head office of the manufacturer company of said Air Conditioner is Mirc Electronics Ltd. Onida House G1, MIDC, Mahakali Caves Road, Mumbai, Maharashtra is being OP No. 3.
That the OP No. 4 is the authorized service centre for the said Air Conditioner namely Birbhum Service Centre, Dangalpara, Suri, Bibhum.
That within the warranty period, in May, 2018 the Air Conditioner was found defective. As per the conversation of the authorized technician, who inspected the AC on 10/05/2018, the cooling gas leaked out.
That on the same date the complainant contacted the OP No. 1 regarding the problem of AC and OP No. 1 introduced the complainant with OP No. 4 for servicing of the said AC. That on 05/09/2018, OP No. 4 refilled the said AC with cooling gas.
That, again the same problem arose with the said AC, in the next year, 2019. The complainant informed about the matter to OP No. 2 and also to online customer support, executive through website chat. Both of them said that the complainant had to pay for servicing and filling the cooling gas in the said AC, that time. Also they assured the complainant that the said problem regarding the said AC would not arise again.
That the complainant paid charge for servicing and refilling the cooling gas amounting Rs. 2,600.00 (Two thousand six hundred only) on 14/09/2019.
That again the same problem arose with the said AC, in the year of 2020. The complainant informed about the problem regarding the said AC to the OP No. 4. The mechanic of the OP No. 4 visited and inspected the said AC on 15/07/2020 and 16/07/2020. On 16/07/2020 the mechanic of OP No. 4 took the entire machine of the said AC to their service centre for thorough check up for which the complainant had to pay the amount of Rs. 200/- as the transportation cost.
That on 05/09/2020 the mechanic of the OP No. 4 returned his entire machine of AC after repairing for which the complainant had to pay Rs. 1,350 (One thousand three hundred fifty only) to OP No. 4.
That the said AC was found defective again on 09/02/2021. The complainant informed the matter to OP No. 4 and they sent a mechanic, to the complainant’s home, the mechanic informed that the servicing of the said AC in previous year had not been correct.
That being a middle class person, the complainant purchased the AC to protect his 8 years old son from heat allergy caused by excessive heat.
That finding no other alternative the complainant filed the instant case praying following relief/reliefs:-
- To get defects in the goods removed and/or.
- To replace the goods with a new one and/or.
- To return the price/charges paid till date.
- Compensation claimed for sufferings due to the negligence of the OP members.
That the cause of action of this case arose on and from mid of May, 2019.
In view of the above stated facts and circumstances following issues are framed.
Issues
- Is the case maintainable in the eye of law?
- Has the complainant any cause of action to file this case?
- Is the complainant a consumer within the ambit of C.P Act 2019?
- Is there any deficiency of service on the part of the OP members?
- Is the complainant entitled to get the relief as prayed for?
- To what other relief or reliefs is the complainant entitled to get?
Decision with reason.
All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.
It is the claim of the complainant that he is the resident of Gopika Bilash Sen Lane, Baruipara, P.O. and P.S. Suri, Dist. Birbhum within the jurisdiction of this District Commission.
The complainant purchased an Air-condition on 30/06/2017, from OP No. 1 New ELECTROVISION, N.S. Road, P.O. + P.S. - Suri, Birbhum, the dealer of OP No. 3. OP No. 3 is being the manufacturer company of whom registered head office, is being Mirc Electronics Ltd., ONIDA HOUSE, ANDHERI, MUMBAI.
OP No 2 is being the regional office of the manufacturer company, addressed- Area and sales Manager, Tapan Sutradhar, Howrah, West Bengal.
OP No. 4 is being the authorized service centre of OP No. 2 addressed- Dangalpara, Suri, Birbhum.
The said AC was found defective on 10/05/2018 during the warranty period. But it was not repaired properly or replaced with a new one by OP members. Again, in 2019, 2020 and 2021 the said AC was found defective again and again for which the complainant had to pay for refilling the cooling gas and for servicing, twice and also to pay the transportation cost for the same purpose.
Being a middle class category person, the complainant purchased the AC with much difficulty for the comfort of his child suffering from heat allergy during excessive heat of summer.
So, the complainant requested repeatedly to the OP members through ONIDA website chat for the solution of problem, regarding the said defective AC, but the OP members did not pay heed to his words. The complainant gives evidence in support of his case as P.W-1.
This case was ordered to be sent before the Mediation Cell of this Commission by Vide Order No. 14, dated 19/05/2022. But none of the OP members were appeared before the Mediation Cell only the complainant was being present. So, the Mediation was not possible.
As the complainant prayed before this Commission, by Vide Order No. 23, dated 17/02/2023 the OP No. 1 was expunged from this case.
This case run exparte against OP No. 2, 3 and 4 by Vide Order No. 28, dated 07/07/2023.
Hence, this Commission is of view that the complainant could be able to prove his case beyond all reasonable doubt in exparte and is entitled to get the reliefs as prayed for.
The case is properly stamped.
Hence, It is
O R D E R E D,
that the instant C.C. Case No. 32/2021 be and the same is allowed on exparte against the OP Nos. 2, 3 & 4 with cost.
The OP Nos. 2, 3 & 4 are directed to pay jointly or severally a sum of Rs.26,500 + Rs. 4,150 = Rs. 30,650 (Thirty Thousand six hundred fifty only) to the complainant, as the cost of the said AC and servicing as well as transportation cost of the same along with interest @ 9% p.a. calculating on and from 24/03/2021, till realization.
The OP Nos. 2, 3 & 4 are directed to pay jointly or severally a sum of Rs.20,000 (Twenty Thousand) as the compensation against harassment and mental agony to the complainant.
The OP Nos. 2, 3 & 4 are also directed to pay jointly or severally a sum of Rs.5,000 (Five Thousand) to the Consumer Legal Aid Account, DCDRC, Birbhum, Account No. 34041754378, IFSC Code. SBIN0000191, State Bank of India, Suri Branch.
The entire decree will be complied by the OP Nos. 2, 3 & 4 within 45(Forty five) days from the date of this order, in default the complainant is at liberty to put this order in execution in accordance with law.
The instant case is thus disposed of.
Let a copy of this order be given/handed over to the parties to this case free of cost.
