Orissa

Sambalpur

CC/22/2019

Pranaya Mahakul - Complainant(s)

Versus

Radha Mohan Mishra - Opp.Party(s)

14 Mar 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 22/2019

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Pranaya Mahakul,

W/O-Late Saroj Kumar Mahakul,

R/O-Talbhatapada,Po/Ps-Khetrajpur,

Dist-Sambalpur                                                  ...………..Complainant

                                                Versus

1. Sri. Radha Mohan Mishra,

Owner of the shop Radha Mohan Mishra,

Near Bullet Byamshala, At/Po-Modipara,

Ps-Town, Dist-Sambalpur-768002.

2. Manager V.Guard Service Centre,

At-Charbhati Chhaka, C/O-Krishna Trasers,

Infront of Bazar India, Dhanupali,

Po/Dist-Sambalpur-768001.

3. V.Guard Industries Ltd. Registered Office-42/962,

Vennala High School Road,

Vennala Kochi-682028, Kerala, India.  …………...Opp.Parties

 

Counsels:-

1. For the Complainant                   :-Self
2. For the O.P.1                               :-Sri. N.Kar, Advocate
3. For the O.P.2 & 3                        :-Sri. P.K.Mishra, Advocate & Associates

 

Date of Filing:01.05.2019,  Date of Hearing :17.01.2023,  Date of Judgement : 14.03.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The case of the Complainant is that the Complainant on 27.02.2019 purchased a V.Guard Water Pump for Rs. 14,990/- from O.P. No.1 vide bill No. 228 dated 27.02.2019 with 12 months warranty. On 26.03.2019 complaint made before O.P. No.1 about non-functioning of the pump and on 04.04.2019 the mechanic came and directed to lift the pump set from the tube well by hiring local plumber Rs. 7000/- was paid to the plumber and thereafter mechanic of O.P. No.2 inspected the pump on 05.04.2019.

Again on 06.04.2019 when the pump set not worked then rushed to O.P. No.1, reported to O.P. no.2 service centre. The Complainant purchased a new pump set and for deficiency in service complaint has been filed.

2. The O.P. No.1 in its version admitted the sale of V.Guard pump on 27.02.2019. The O.P. no.1 is only a retailer and the dispute is between the Complainant and V.Guard company. The terms and conditions of the company has been written in the warranty Card. The O.P. No.1 is not liable and prayed for dismissal of the Complaint.
3. The O.P. No.2 and 3 after appearance also not filed their version. The O.P. No.2 is the service provider and the O.P. No.3 is the manufacturer.
4. Perused the documents filed by the Complainant. Receipt No. 228 dated 27.02.2019 for Rs. 14,990/- was issued by O.P. No.1 for V.Guard Pump set VBSNAMFM 300/15. The O.P. No.1 issued warranty Card Sl. No. A-AA127578 Type-VBSNAM-F 300/15 dated 27.02.2019, notice dated 16.04.2019 and CRI 1HP COMPRESSER WATER LIFTING Batch 15218K1000074 dated 08.04.2019 Sanitary World, Ainthapali, receipt of RS. 14,600/-
5. After perusal of the documents filed, complaint petition and version of O.P. No.1 it reveals that after sale of the product the O.P. No.1 totally denied his liability. In the other hand after appearance also the O.P. No.2 & 3 did not file any version or documents on their behalf. From notice dated 16.04.2019 it is very clear that the Complainant has approached O.P. No.2 servicing Centre, on 26.03.2019 and again on 04.04.2019. The O.P. No.2 & 3 have not filed any documents relating to job card made by the O.P. No.2. In the other hand the Complainant was compelled to purchase another pump set when not got proper service and warranty benefits from O.P. No.2 & 3. Here deficiency in service of the O.P. No.2 & 3 are established. The O.P. No.3 as manufacturer has not taken proper care of a customer providing warranty service in time for which the Complainant spent money for second pump set. Remaining silent, the O.P. No.2 & 3 can not escape from liability. For their deficiency in service the Complainant not only sustained monetary loss but also harassed.

Accordingly, it is ordered:

 

 

6698606.  

The Complaint is allowed on contest against O.P. No.2 & 3 and dismissed against O.P. No.1. The O.P. No.2 & 3 are directed to refund the cost of pump set Rs. 14,990/- along with installation cost of Rs. 7000/- within a period of one month of this order. Further the O.P. No.2 & 3 are directed to pay compensation of Rs. 21,000/- and litigation expenses of Rs. 2000/-. In case of non-payment the entire amount will carry 9% interest P.A. w.e.f. 04.04.2019 till realisation.

Order pronounced in open court on this 14^th day of March 2023.

Supply free copies to the parties.