Samaresh Kumar Mitra, Presiding Member.
This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainant, complainant states that he purchased an Air Conditioner, capacity 1.5 ton, Make-Voltas, Type-inverter IDU Model-Voltas AC 183VCZJ (IN) HAVING Sl. No. 4552526A I9EC01594 AND Voltas AC 183VCZJ (OD) HAVING Sl. No. 4515255D19EB04256 by making advance payment of Rs.12590/- to the Opposite Party no.1, dated 13/05/2019 having advance receipt no. SRW/AR1920/00143 dated 13/05/2019 with Installation Free terms from the Opposite Party No.1 Raipur Electronics Pvt. Ltd., Serampore.
The complainant also said that Mr. Bidyut Das, as ISD of the Opposite Party no. 1 and the Opposite Party no. 2 convinced the complainant and his family members to purchase the Ac set and initiated the sale process and completed the selling procedure under the opposite party no. 1 and the opposite party no. 2 is here the opposite party no. 3.
The complainant also states that he got the above produce delivered to his above address on 19/05/2019 by the opposite party no. 1 as the product was purchased under hire purchase scheme with IFDC First Bank Limited, WB and the complainant is regularly paying the EMIs thereof. The complainant also states that he and his wife are aged and sick person and to get relief from the scorching heat of the summer this complainant purchased this AC.
The complainant also states that after getting the room cleaned with all expectations to have a cool sleep the complainant put the AC on but the product could not make the room cool and the complainant could not understand that it was not functioning properly and on 23/05/2019 the complainant call the opposite party no.3 and told him about the non-cooling performance and improper functioning of the AC purchased and installed but the opposite party no. 3 said that it was peak time of selling ACs in the store and thus at that moment he could not give any assistance to the complainant and he assured the complainant that he would take the matter after the peak time is over. The complainant as could not getting any cooling from the AC, every day from 23.5.2019 called the opposite party No.1 and the opposite party No.3 to resolve the problem but the opposite party No.1 & opposite party no.3 started telling that they had nothing to do and they advised the complainant to contact VOLTAS for resolution of the problem. Then for the first time the opposite party No.1 lodged a complaint with VOLTAS on 02.006.2019 having grievance No.190529052924840 but there was no response from VOLTAS then again the complainant called opposite party No.3 and requested that there was no response from VOLTAS and here the complainant given another grievance no. on 07.06.2019. then the opposite party No.4 namely Bhaskar Pal was sent in the house of the complainant on 08.06.2019 but he could not detect the problem. Then on 10.06.2019 the complaint again contacted VOLTAS and lodged grievance no.19061013783 with them. One Tanmoy Chakraborty the opposite party No.5 visited the complainant’s house on 11.06.2019 and he found that there was ‘ODU Unit Flyer nut Leakage” but he also left the place without resolving the problem. That again on 11.06.2019 and 12.06.2019 the complainant complained to the opposite party No.1 & 3 and 13.06.2019 one Somjit came to the Complainant’s house and recharged the gas in the AC units i.e. after 21 days from the installation of the units in the complainant’s house. The complainant again called the opposite party No.1 & 3 and 10.07.2019, technician came from opposite party no.6 and verbally told that there was gas leakage in the AC unit but of no result that on 11.07.2019 another technician visited the complainants house and opened the outdoor unit & indoor unit and found that Ice is coming in the Pipe of the indoor unit and detected the problem as ‘indoor leakage’. Then the complainant contacted department of Consumer Affairs, ministry of Consumer affairs, Govt. of India through National Consumer helpline and contacted ‘VOLTAS’ but finally they advised the complainant to go to Consumer Forum. Thereafter the complainant several times approached the opposite parties to solve his problem but of no result and getting no alternative he filed the instant complaint before this Forum/Commission praying directions as incorporated in the prayer portion of the complaint petition.
Opposite party appeared by filing V.nama but failed to file written version, so the proceeding do run Ex-parte against them.
The complainant by filing a petition treated his complaint petition as evidence on affidavit.
Complainant filed written notes of argument. The evidence on affidavit and written notes of argument of complainant are taken into consideration for passing final order.
Ex -parte argument as advanced by the agent of the complainant heard in full.
From the discussion herein above, we find the following issues/points for consideration.
Issues/points for consideration
- Whether the complainant is the consumer of the opposite party or not?
- Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether there is any deficiency of service on the part of the opposite party?
- Whether the complainant is entitled to get relief or not?
DECISIONS WITH REASONS
All the points are taken together for easiness of the discussions of this case.
1).In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986, the complainant here in is a consumer of the opposite parties.
2). Both the complainant and the opposite parties are residents/having their office addresses within the district of Hooghly. Considering the claim amount of complainant as per prayer of the petition of complaint it appears that those are not exceeding Rs.50,00,000/-. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
3). The complainant in his written argument stated that he purchased an AC Machine on 13.05.2019 from the opposite party no. 1 by paying a sum of Rs.12,590/- which was delivered on 19.05.2019 and installed on 22.05.2019 at 8:30 p.m. to 11:00 p.m. That the day after installation, the petitioner lodge the complaint to the opposite party No.1, faced improper functioning and non cooling problem of that machine. The petitioner on several occasions lodged his grievance and severally requested the opposite parties to come and solve this problem so that the petitioner can get cold air but the opposite parties are non co-operative with the petitioner and insulted the petitioner by way of giving false allegation and slang language. That from the day of installation of abovementioned A.C. till now on 01.04.2021 the petitioner and his family face the same cooling problem. The petitioner himself and the wife are aged and sick persons and to get relief from the scorching heat of the summer the petitioner purchased the A.C. machine. It is also averred that after 256 days of purchase the opposite parties came to the petitioner’s office with his Ld. Advocate on 28.9.2020 without informing the petitioner. Opposite parties repaired the whole machine indoor and outdoor both with the presence of opposite parties advocate. But even after that machine did not cool down at all and it is showing E6 that is a communication error that inside unit is not able to communicate with the outside unit. And the same cooling problem still ongoing till today. That in spite of being a consumer of the opposite parties the petitioner has to suffer from mental pain and agony and it is clear deficiency of service and mal practice of opposite parties. So the complainant filed the instant complaint petition praying directions as incorporated in the prayer portion of the complaint petition.
It appears from the invoice dated 19.05.2019 that the complainant purchased one A.C. of Voltas Company costing about Rs.36,000 from the opposite party by paying a sum of Rs.12,590/- as advance money.After installation of impugned A.C. the complainant alleged that the there is a cooling problem. So he approached the opposite party service centre who on their turn after inspecting the impugned machine found that indoor pipe leakage. Then the opposite party service centre on 13.06.2019 charged the gas. The service report dated 13.06.2019 speaks clearly on that context.
It appears from the jobcard dt. 28.9.2020 of Voltas Ltd., UPBG/SERVICE, 8 N.S. Road, Kolkata-700001 speaks that leak repaired, gas charged done, full service done, machine running and cooling ok. Accordingly 15 minute observation after repairing the machine the above report given the Voltas ……, due to absence of complainant the report to the Ld. Court / Consumer Forum. The opposite party after repairing the impugned A/C machine find a report that on 28.9.2020 in accordance with the order no. 5 dt. 16.1.2020of Hon’ble D.C.D.R.F., Hooghly opposite party repaired the impugned A/C machine in presence of their advocate along with seven personnel. Complainant was absent at that time. They repaired the said machine without any obstruction. The complainant cooperated the repairing work. They further stated that they perform the work at 4:15 pm to 6:45 pm. One person except Bhaskar Pal others six persons failed to identify themselves as the persons of Voltas and they recorded the whole repairing work and both sides put their signature in this report.
So, it is crystal clear that immediately after the purchasing the said A/C machine found defect in cooling. Then the complainant approached the opposite party to repair the same but this complainant several times knocked the door of this opposite party to repair his newly purchased A/C machine but opposite party responded at the call of the complainant by sending their representative/ technician to repair the said machine. But all their efforts came in vain. So, getting no alternative this complainant being sensible citizen is fully aware of his consumer rights and education preferred the recourse of law by filing the instant petition before this Commission.
After receiving notice opposite party appeared before this Forum/ Commission by filing v.nama but failed to file written version and evidence on affidavit. Facts remain that during the course of proceeding the opposite party in accordance with the order no. 5 dt. 16.1.2020 along with their advocate went to the house of the complainant for repairing the defective A/C machine which is stated earlier. Inspite of several attempts the opposite party failed to repair the impugned A/C machine as a result the complainant suffered a lot.
Upon hearing the argument and perusing the case record and documents this Commission is in the opinion that the complainant purchased the impugned A/C machine from the opposite party which is found defective and the opposite party on several attempts failed to repair the defects. Even after intervention of this Commission the opposite party with full strength went to the house of the complainant to repair the same but their effort became futile. As a result the complainant suffered at the behest of negligence on the part of the opposite parties.
So, from the above observation this Commission is in the opinion that the complainant being a consumer of the opposite party purchased the impugned A/C machine by paying money, money receipt filed. The impugned A.C. machine is found defective since after installation. As a result the complainant deprived of getting service of the said A/C machine. He knocked several times to the opposite party but the opposite party on their turn tried to repair the defects. So, we may presume that the impugned A/C machine have any manufacturing defect which is not repairable by the service center of the manufacturing company. Thus, the said A/C machine is required to be replaced by a new one having same feature and same capacity and volume.
Hence,
it is
ordered
that the complaint case being no. 117 of 2019 be and the same is allowed ex parte with a litigation cost of Rs. 8000/- against the opposite party nos. 1, 6, 7, 8 and 9.
The opposite party nos.1, 6,7, 8 and 9 are directed to replace the impugned A/C machine with a new one having same feature, capacity and volume in default refund the entire consideration money of Rs. 36,000/- within 45 days from the date of passing this order.
The opposite party no. 1, 6, 7, 8 and 9 are also directed to pay compensation of Rs.20,000/- for mental pain and agony of this complainant within the stipulated period.
At the event of failure to comply with the order the opposite party shall pay cost @ Rs. 50/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.
Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.
