Orissa

Cuttak

CC/84/2016

Rajesh Moharana - Complainant(s)

Versus

Propriertor,M/s Durgashree Electronics - Opp.Party(s)

B M Mohapatra

17 Dec 2016

ORDER

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

C.C No.84/2016

 

Rajesh Moharana,

At:Baniasahi,PO:Buxibazar,

P.S:Mangalabag,Town/Dist:Cuttack.                                                            … Complainant.

 

Vrs.

1.         Proprietor,M/s. Durgashree Electronics,

Link Rod,Arunodaya Market,

2.        Managing Director,

LLOYD Electric & Engineering Ltd.,

Plot No.2, Industrial Area,Kalkaji,

New Delhi.

 

3.            Sri Goutam Nayak,

B.M,LLOYD Electric 78 Engineering Ltd.,

Plot No.157/781, At:Rudrapur,

In front of HIGHWAY HONDA Showroom,

Bhubaneswar

Present:   Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   01.06.2015

Date of Order:  17.12.2016

 

For the complainant   :   Sri B.M.Mohapatra,Advocate & Associates.

For the O.Ps.                 :   Mr. Paresh Kumar Bhuyan,Service Incharge.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has filed this complaint before this Hon’ble Forum against the O.ps for Redressal of his grievances under the C.P.Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regards to defects in the goods purchased by him and deficiency in service provided and unfair trade practice adopted by the O.Ps.

2.            Brief facts of the case are that the complainant had purchased an A.C. Model LLOYD LW/9A3Z on 7.4.16 from M/s. Durgashree Electronics with one year warranty.  From the date of installation, the A.C was found to be defective and after thorough check up by the mechanic of O.P No.1, it was found that there is some defect in the fan which produces heavy and odd sound.

3.            As per the advice of the mechanic the complainant met the O.P No.1 and narrated about the defects.  The said O.P though promised to rectify the defects, but did not turn up despite several requests.  The complainant could not use the A.C and it remained idle.

4.            Due to non-compliance of request, the complainant sent an advocate’s notice to the O.Ps 1 to 3 requesting them to sort out the defect but they did not respond. 

5.            The complainant had purchased the said A.C for comfort of his ailing father but as the A.C did not run, the health condition of his father became worse.  During the warranty period the O.Ps did not provide service as a result, he is harassed mentally and physically and he prayed to direct the O.Ps to pay compensation of Rs.1,00,000/- and replace or repair the A.C.  During the pendency of the complaint, both the parties settled the matter and the O.Ps replaced the old/defective A.C by a new one and the O.P No.1 filed a memo to dismiss the complaint. 

6.            Advocate for the complainant on the other hand though admitted the fact of compromise but insisted for payment of compensation towards the mental agony suffered by the complainant.

7.            We have heard both the parties, gone through the records and documents.  It is learnt that the O.Ps have replaced the defective A.C with a new one only after filing of the complaint which shows the negligence on their part in providing of service.

 

 

                                                                                ORDER

                The O.Ps are directed to pay a compensation of Rs.10,000/- to the complainant.  No separate order towards cost of litigation.

                The above payment shall be made within 45 days from the date of receipt of this order, failing which the complainant can take shelter of this Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 17^th day of December, 2016 under the seal and signature of this Forum.

 

                                     ( Smt. Sarmistha Nath )

                                            Member(W)                                                                                                                                                                                                                                                                                                                                                                               

.

                  (Sri D.C.Barik)

                                                                                                                                President.