Orissa

Cuttak

CC/139/2017

Nandita Barik - Complainant(s)

Versus

Patra Electronics - Opp.Party(s)

S K Nayak

17 Jun 2020

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C No.139/2017

 

                Nandita Barik,

W/O: Sarbeswsar Barik,At Plot No.3C/695,

Sector-08,C.D.A,PO/PS:Markatnagar,

Town/Dist:Cuttack.                                                                                         … Complainant.

 

                Vrs.

 

1.         Patra Electronics,C.D.A,

At:Sector-06,C.D.A,

PO/PS:Markatnagar,Town/Dist:Cuttack.

PIN-753014.

 

2.        JB SERVICE,College Square,

At/PO:College Square,

P.S:Malgodown,Dist:Cuttack,PIN-753003.

 

3.           C.E.O,Samsung India Electronics Ltd.,

2.4^th Floor,Tower-C,Old Galf road,

Sat-43,Gurgaon,Haryana.                                                                    ....Opp. Parties.

                                                                                    

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:      22.11.2017

 Date of Order:   17.06.2020

 

For the complainant           :     Mr. S.K.Nayak,Adv. & Associates.

For the O.P No. 1                :     None .       

For the O.P No.2                  :    Mr. M.K.Nayak,Adv. & Associates.

For the O.P No.3                  :    Mr. K.C. Mohapatra,Adv. & Associates.

 

Sri Dhruba Charan Barik,President.

                The complainant has filed this case alleging therein deficiency in service and unfair trade rpactice against the O.Ps and seeking appropriate relief in terms of her prayer in the complaint.

1. Facts of the complainant’s case stated in brief are that the complainant has purchased a Samsung A.C  18 HV 5 N BWKN(INDOOR) SAMSUNG AC – 18HV NBWKN(OUTDOOR)                 from O.P No.1 on 31.5.2014 on consideration of Rs.49,700/-.  Anexure-1 is the photo copy of the money receipt.  Annexure-2 is the photo copy of the warranty card.  It was installed by O.P No.2 in her house on 31.5.14.  Annexure-3 is the copy of the miscellaneous expenses towards installation of that T.V.

Just after installation, the said T.V developed some problems.It could not function properly.This fact was intimated to O.P No.1 & 2.The technician came to the house of complainant and after verification could know that there was manufacturing defect.Though the complainant requested for replacement of the same, yet the said technician insisted on repair of the A.C.

About two months thereafter, same defect was noticed and intimation was given to O.P No.1 & 2 on 7.7.14.The technician came in the next day for repair and the complainant requested him for replacement but of no avail.

On 12.7.14 O.P No.2 sent a mail to the complainant stating that another technician would be sent for repair of the A.C and in the event he did not succeed, the matter would be considered for commercial solution.Annexure-4 is the copy of that intimation dt.12.7.14.ON 31.7.14 an engineer of O.P.2 came and undertook repair.It started functioning.But again on 28.5.15 that A.C went out of order.Repair was done but it did not function after 15 days.Subsequently on 4.2.17 and 22.2.17 this problem was repeated.That the A.C machine was opened and kept in the house of the complainant and the engineer assured that it would be shifted immediately.But no one turned up thereafter.That A.C has been kept pin the house of the complainant.Rather the O.P No.1 out rightly refused the request of the complainant either for replacement of the A.C or for refund of the sale consideration, when approached by the complainant.

It is stated that such conduct of the O.Ps is tantamount to deficiency in service and unfair trade practice and it has caused serious mental agony to him.

It is therefore prayed that O.Ps may be directed to refund Rs.49,700/- received towards consideration of that A.C and to pay Rs.50,000/- towards compensation for mental agony and harassment in the interest of justice.

2. Both O.P NO.2 and 3 entered appearance and filed their version separately.  They have traversed the material version in the complaint and stated that the case is not maintainable in the eye of law.  O.P No.1 did not contest the case.
3. We have heard the parties and gone through the pleadings and respective annexures filed in this case.  During course of hearing the complainant and O.P No.3 entered into a compromise that O.P.3 would make free and complete repair of the A.C to render it fully functional.  It was agreed to by the parties.  Hence ordered.

ORDER

The case be and the same is disposed of in terms of compromise that O.P No.3 shall undertake the full and complete repair of that A.C free of cost to make it functional.  The exercise shall be completed within a period of 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the   17^th day of June,2020  under the seal and signature of this Forum.

                                                                                                                                                  

   (   Sri D.C.Barik )

                                                                                                                                                           President.

 

 

(Smt. Sarmistha Nath)                                  

                                                                                                                                       Member(W).