SRI BIJAYA KUMAR DAS,PRESIDENT:-
Unfair trade practice, deficiency in service and allegation of manufacturing defect in Air conditioner during the warranty period are allegations arrayed against the Opp.Parties.
2. Briefly narrating the complaint, which reveals that complainant purchased a split Air conditioner from OP No.1, the Proprietor,Kalinga Distributors,Bhubaneswar on dtd.06.06.2015 by paying an amount of Rs.40,155/-. The OP No.1 granted the Invoice bearing No.KD/R/0190/15-16. The said Air conditioner is manufactured by Voltas Ltd.(OP No.2 & 3). It is alleged that Ops assured the complainant to provide better service as and when required during the warranty period. After few days of installation of the Air conditioner show defects having cooling problem. The complaint was made to the Ops on the Toll free number and the technician of the Ops repaired/checked the said A.C. and provided the carbon copy of Job card to the complainant’s family member as service report. It is revealed from the complaint petition that in spite of such repairs by the technician of Ops still the defects exist in A.C. for which a number of complainant was lodged and authorized mechanic attended the complaint of said A.C. The copy of the service report on different dates are filed with the complaint. When the defects in the A.C. was not eradicated complainant intimated by letter the Ops by Regd. Post to solve the problem. When the grievances remain unsolved complainant being harassed and finding no other alternative seeks redressal of this Forum with prayer that the said defective split A.C be replaced with a new one of same model and pay Rs.20,000/- for mental torture and harassment.
3. Being noticed OP No.1,the Proprietor,Kalinga distributors, Bhubaneswar though received the notice but did not preferred to appear into the case, hence set ex-parte. OP No.2 & 3 appeared through their Ld. Counsel and filed written statement stating that the OP-Company provides a 12 months warranty on A.C. and the said A.C. was purchased on dtd.06.06.2015 and the warranty expires on dtd.05.06.2016. The written version reveals that whenever the complaint lodged any complaint of defects in connection to the said A.C. The authorized technicians attended the same promptly. It is also revealed that as per the job sheet dtd. 11.12.15, 20.04.16 and dtd.06.05.2016 the problems in A.C. but on checking it is found that the A.C. was having no fault. On the other hand the complainant threatens the authorized technicians after receipt of the copy of the job sheet to move to the Consumer Court to avail a new A.C. which according to OP-company is fallacious motive of the complainant. Accordingly, the complaint is to be dismissed with exemplary cost as OP-Company has not committed any deficiency in service.
4. Heard, the arguments advanced by Ld. Counsels for the complainant and OP No.2 & 3perused the list of documents filed into the dispute. The admitted facts of the case are that complainant purchasaed one Voltas 1.5 tonnes split A.C. of model 185-Jy on dtd.06.06.2015 from OP No.1. The Kalinga Distributor,Bhubaneswar and an Invoice was granted to the complainant-consumer in support of the sale. It is also admitted fact that as per the warranty condition the warranty is valid for 12 months from the date of purchase, hence in the present dispute the warranty of the said A.C. expires on dtd. 05.06.2016. It is further admitted fact that during warranty period complaint was lodged,complaint regarding not proper functioning of the A.C. which was attended by the technician of the OP-Company. We have to decide here that whether the disputed A.C. was having any manufacturing defect or not ? Complainant to support his case files 8(eight) nos. of attested Xerox copies of Service Report issued by OP-manufacturing company in support of service to its customers. The 8 nos. of service report was given to the complainant on different dates starting from dtd. 16.09.15 to dtd. 06.05.2016. The authorized technician on dtd. 16.09.15,dt.02.10.15, and dtd.11.12.2015 examining the disputed A.C. on the service report opined that ‘Gas charging’ on A.C. and A.C. is running on O.K. condition. The service report on other dates where the authorized technician opined that A.C. is running with other remarks. The authorized person of the complainant in the customer service ratings of the service report column remarked that the A.C. is running in average condition, in few service report the authorized person of the complainant opines that the A.C. is not functioning properly since the date of installation. On the other hand OP-manufacturing company in the written statement challenging the remarks of the complainant-customer states that the job sheet dated 11.12.2015, dtd. 22.04.2016 and dtd. 06.05.2016 where it is observed that the disputed A.C. is running without any fault and with a fallacious motive to avail a new A.C. The complainant and his family members put such remarks in the service report. On perusal and examination of service reports it is quite clear and evident that 8 nos. of complaint were lodged before the OP-manufacturing company regarding not proper functioning of the dispute4d A.C. within the warranty period, further it is evident from the service report ‘gas charging’ have been done on dtd. 16.09.2015, dtd.02.10.2015 and dtd. 11.12.2015. Equally the OP-Company failed to convince us that such ‘gas charging’ is routine service and it no way relates to manufacturing defect of the A.C. Further OP-Company failed to counter the allegation that why a A.C. requires ‘gas charging’ in frequent intervals. So, it appears that ‘gas charging’ in frequent interval i.e. within six months of purchase of disputed A.C. show that the A.C. is/was having some inherent manufacturing defect which could not give proper performance to the complainant-consumer within the warranty period. When defects occur in the A.C. in short intervals it definitely worries the complainant-customer. A customer purchase a luxury home appliances by paying a good money certainly expected comforts from the said item/good, if the item/goods fails to provide proper satisfaction it definitely gives mental agony to the complainant like customers. Hence, we are of the unanimous view that the disputed A.C. is/was having manufacturing defect needs to be replaced by Ops as the Ops have adopted unfair trade practice by selling a defective product, where the defects were not eradicated even after the repairs and the Ops are jointly liable for the complaint. It is also clear from the invoice issued by OP No.1-distributor on dtd.06.06.2015 against the sale os disputed A.C. which reflects that one Voltas split A.C. of 185-JY model was sold to the complainant on receipt of Rs.45,000/- which includes another item(Sl.No.2) and the total cost is Rs.45,000/-. If the cost of the Sl.No.2 of the Invoice is deducted from the total amount the approximate cost of the A.C. will be Rs.40,000/-(Rupees Forty thousand only). Complainant in his complaint claims an amount of Rs.s.20,000/- as compensation for mental agony, which according to us is a abnormal claim without any basis. However, as per the discussion it is ascertained that complainant has suffered mental agony for proper functioning of disputed A.C., accordingly we award Rs.2,000/-(Rupees Two thousand) only as compensation for mental agony.
Having observations reflected above, it is directed that Ops will replace the existing A.C. by a new one of same model of same price on its production of the disputed A.C. by the complainant. If the particular model is not available with the OP-Company complainant is at liberty to purchase any other model of his choice adjusting the cost of the disputed A.C. with valid warranty of replaced A.C. It is also directed that Ops will pay an amount of Rs.1000/- as cost of litigation along with compensation amount of Rs.2,000/- in toto Rs.3,000/-(Rupees Three thousand)only. The order is to be carried out within one month of receipt of the order, failing which Rs.50.00(Rupees Fifty)only will be charged for the delayed period.
Pronounced in the open Court, this the 11th day of November,2016.
