Orissa

Cuttak

CC/59/2015

Amarendra Hati - Complainant(s)

Versus

Shivam Electronics - Opp.Party(s)

G S Mohanty

27 Jun 2018

ORDER

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

C.C No.59/2015

 

Amarendra Hati,

S/O: Sibendra Hati,At:Mangalabag,

(C/o: Mohan Mandap),PO:Buxibazar,

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

 

Vrs.

1.       Shivam Electronics,

Shivam complex,Mangalabag,

Dist:Cuttack.

 

2.        Branch Manager,

IFB Industries Ltd.,At:Kalpana Square,

(Near Municipality Office) in front of

Black Berry,Bhubaneswar.

 

3.        IFB Industries Ltd.,Service Centre,

At:Plot No.A/94,PO:saheednagar,

Bhubaneswar.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    03.06.2015

Date of Order:  27.06.2018

 

For the complainant          :    Mr. G.S.Mohanty,Adv. & Associates.

For the O.P No.1.                :   None.

For the O.Ps 2 & 3               :   Mr. B.P.Sarangi,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

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

1. The case of the complainant in short is that he purchased IFB SPLIT A.C, 1.5 ton IACS 18KA3TP from the O.P No.1 on 12.06.2014 by paying the cost of Rs.30,500/-.  The O.Ps had came to the house of the complainant and fitted the A.C on 18.06.2014 and made a trial functioning of the A.C.  Thereafter, the A.C was found defective in its functioning after one month for which the complainant had given complain for its repairing.  After repair the A.C functioned for a period of another one month and again it was found defective as there was no cooling.  The O.Ps had advised the complainant to fill-in the gas.  Two times the gas was filled in but even thereafter the A.C did not function properly.  The A.C was constantly found defective but the O.Ps went on taking different pleas such as gas leakage and voltage shortage etc.  The last complaint was made by the complainant on 27.05.2015 but nobody turned from the O.Ps either to exchange the A.C or to give return of the money or repair the A.C up to satisfaction.  In spite of several complaints and request, the O.Ps did neither exchange the machine nor did return the amount.  The A.C was repaired 7 times and gas filled in twice.  Consequent upon deficiency in service the complainant has prayed to direct the O.Ps to give a new A.C machine to the complainant and Rs.16,500/- towards loss or alternatively direct to reimburse the total cost of Rs.47,000/- (Rs.30.500/- cost of the A.C + Rs.10,000/-towards mental torture)Rs.1,500/-filling up of the gas + Rs.5000/- for expenses towards travelling and other stationery expenses.
2. The O.P No.1 did not appear in the case and was set exparte.  The O.P No.2 & 3 entered appearance through their advocate and filed joint written version.  The main contention of the O.P No.2 & 3 is that complainant has made false and frivolous allegation against the answering O.Ps and the complaint is initiated in violation of Sec-13 of Consumer Protection Act.  But it is specifically admitted by the O.Ps 2 & 3 in para-6 & 7 of their written version that complainant lodged a complaint in the service centre and getting such information, the mechanic of franchise service centre repaired the machine with immediate effect.  The job history of the A.C shows that the A.C was repaired by changing the gas during the period of warranty according to demand dt.3.4.15 and the work has been done on 8.4.15 with customer’s satisfaction.  Again another call was received from the complainant on 22.5.15 and the answering O.Ps suggested to change the stabilizer which was installed previously and for company’s reputation a standby stabilizer was also installed.  So there is no deficiency in service on the part of O.P Company or any unfair trade practice adopted by them.  So the O.P is not liable to pay any compensation.
3. The point for determination in this case is that whether there was any defect noticed in the goods purchased by the complainant from the O.Ps and whether there was any deficiency in service provided by the O.Ps to him and whether the reliefs sought for by the complainant are liable to be sustained and the O.Ps are liable to redress such grievances of the complainant in terms of his reliefs prayed for in the complaint petition.
4. We have heard the learned advocates of the complainant as well as O.P No.2 & 3 and gone through the documents and even the retail invoice, user manual and warranty card filed by parties.  In our considered view, the A.C purchased by the complainant admittedly developed  defects after one month of purchase and gas was filled in twice which shows that the A.C was defective and the defects could not be rectified by the O.Ps.  So the O.Ps are deficient in providing proper service to the complainant.

ORDER

Regard being had to the fact and circumstances of the case, the documents available in the case record and having heard the arguments from both the sides, the prayer of the complainant is allowed on contest against the O.Ps 2 & 3 and exparte against the O.P. No.1.  The O.Ps are directed to replace the A.C machine with a new and defect free one within a period of one month from the date of receipt of this order.  They are also directed to pay a sum of Rs.10,000/- towards compensation and cost of litigation.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 27^th day of June,2018  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                         Member (W)                                                                                                                                                                                                                                                                                                                                                      (Sri D.C.Barik)

                                                                                                              President.