DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.
……………………………………………
Presents:-
1.Sri P.Samantara, President.
2.Sri G.K.Rath, Member.
Dated, Bolangir the 19th day of February 2016.
C.C.No.26 of 2015.
Sairaj Sai,age-35 years, son of Dr.Lokeswar Sai, Resident of Gandhinagarpara,Bolangir Town,
P.O/P.S & Dist- Bolangir.
.. .. Complainant.
-Versus-
1.Proprietor, Sriya Enterprises, ¾, Ghosala Market Complex, Near Civil Court,
Bolangir, P.O/P.S/Dist- Bolangir.
2.Nipun Singh ( Director) Lloyd electric and engineering limited, Plot No.2,
Industrial Area, Kalkaji, New Delhi-110019.
.. .. Opp.Parties.
Adv.for the complainant- Sri D.Biswal.
Adv.for the O.P.No.1 - Sri J.Acharya & Associates.
Adv.for the O.P.No.2 - None.
Date of filing of the case- 09.04.2015
Date of order -19.02.2016
JUDGMENT.
Sri P.Samantara, President.
Succinctly put, the complainant purchased one three star split AC on dated 15.02.2015 against a consideration amount of Rs 28,000/-.The split Ac is Lloyd brand, model No.LS19 A3LN and the retail vender is “Sriya Enterprises”, Bolangir.
2. The complainant also stated post purchase, it is come to surface, the horizontal swing vanes does not function automatically and the user-manual-cum-warranty Book declaration of clause”- By pressing the swing button, the horizontal wind direction vanes can swing automatically’ has been misrepresented in information booklet where as the product does not bear with the facility that used to be. Such absence of automatic swing option or horizontal wind direction vanes non-functional is a suppress of fact and marketing the product in unfair way and disdain of consumer money. The product is completely useless in purchase. Under above facts and circumstances all the opposite parties are liable to pay compensation under unfair trade practice, harassment and mental agony. Praying in the interest of justice, the O.Ps may be directed to rectified the horizontal wind direction swing vanes into an automatic version or replace with a new one with such automatic facility along with compensation and reliefs as the court deems fit and proper.
3. Relied on invoice No.1426, Lloyed manual guidelines, complaint copy in photo copies and affidavit.
4. Pursuant to notice, the O.P.1 appeared and filed the version in admission that Sriya Enterprises (herein after O.P.1), is the dealer in Bolangir and LLOYD ELECTRIC AND ENGINEERING LTD (O.P.2) is the manufacturer of the product in question. Also the consideration, model number, product serial number and date of purchase.
5. And contending O.P.1 never mislead the petitioner nor persuade the petitioner to purchase nor suppressed any fact that the horizontal swing vanes does not function automatically. The petitioner has filed this complaint with an intention to harass opposite parties and to take a AC of LLOYD company having automatic horizontal wind direction swing vanes though he has not purchased any such AC having such facilities of LLOYD company. It is the O.P.2 only who is liable for that defect. The O.P.1 is not liable to pay any compensation for any unfair trade practice or any harassment, mental agony and cost and the complaint be dismissed against this O.P. Relied on User’s Manual details & Warranty terms and conditions in photo copies.
6. The LLOYD electric company (hereinafter- O.P.2) has not appeared nor filed any version in obedience to notice.
7. Heard the counsel at both end and perused the materials on record.
8. On the outset, it is no more disputed that the LLOYD Branch- model No.LS 19A3LN Split AC was purchased against consideration of Rs 33,500/- inclusive of stabilizer. The sole grouse of the petitioner is that the functional defect persists relating to horizontal swing adjustment and vertical swing automatically.
9. But the O.P.1 the dealer contended, the model in question does not have the facility of automatic swing option. As the air condition remote controller instruction-(2) reads;- Adjusting horizontal air flow manually- Use your hands to move the vertical airflow vane and change the horizontal wind direction.
10. Whereas- same operation instruction- Clause-2 reads- Adjust the vertical airflow direction by remote controller, when you adjust the horizontal airflow vane by hand, the machine may cause problem.
11. On verification, the petitioner contended, the AC swing does not operate/function under remote control operation ,which has been suppressed by the dealer.
12. Astoundingly, the manufacturer and dealer knows the truth very well. It is admitted by the dealer and company technicians submission of report that such feature varies from model to model if that it be, neither the dealer nor company submitted any document in advancement that each product varies in features in model wise and user manual instruction says so in corroboration thereto. But we find the user manual is same to series of models, which means, the dealer and the manufacturer sales the product without any specific features to any model and the fact that both are in collusion misleading the consumer in telling the lie that the product inbuilt with latest automatic facility although in practical it varies so. In this case the technical report submitted by company and independent technician corroborate the shortcoming as urged by the petitioner, so we perused the O.P.1 ,report submitted by LLOYD Electric & Engineering Ltd- “After examination I explained to the complainant by referring the user manual that in this model the horizontal swing will adjust manual and vertical swing is avail automatically”.
13. Report by Independent technical firm- by M/S. S.K. Enterprises- dt.09.10.2015- I, Abdul Khursid after close verification found that the model No.19A3LM has no automatic horizontal wind direction vanes. It can be operated manually nor automatically.
14. Both the above technical report asserts that the split A/C model No.19A3LM of LLOYD make is not equipped with automatic horizontal wind swing vanes rather it is manual. So it is technically affirmed, the split A/C lacks such automatic system and the Dealer has committed “Unfair trade practice” by adaptation and following deceptive practice u/s.(r)(1) (i)(ii) and (4) & (5) of the Consumer Protection Act,1986 and misleading by both the manufacturer and dealer is clear, vivid and made out one.
In view of the above made findings and discussion we allow the case on merit on substantive report taken into consideration. The manufacturer failed to cater the needs to the consumer specifically and as a whole the product has a defect and the nature of defect is itself shortcoming in the product which is not addressed on the outset. Specifications on each model do explained in users manual but not in one manual, which extends the propensity in enlargement of deception in selling the product. Thus we ordered.
ORDER
The O.Ps are jointly and severally liable to pay the petitioner in return of the goods/installed AC instantly with one split AC having the automatic swing facility operated by remote, failure of same may be otherwise be made refund of Rs 28,000/- along with Rs 5,000/- in way of compensation for harassment & mental agony sustained inclusive legal expenses, within 30 days of this order in default @ 12% per annum interest will be accrued from the date of application till realization.
ORDER PRONOUNED IN OPEN FORUM THIS 19THE TH DAY OF FEBRUARY 2016.
(G.K.Rath) (P.Samantara)
MEMBER. PRESIDENT
