Adv. For the Complainant: - Self
Adv. For O.P :- S.K.Mohanty and Others
Date of filing of the Case :-17.06.2019
Date of Order :-16.12.2019
JUDGMENT
Sri A.K.Purohit, President
1. The case of the complainant is that, she had purchased a LG wall mounted Air Conditioner from the O.P.No.1 and paid the consideration amount of Rs. 45,000/- on dated 26.3.19. From the very beginning of its purchase during warranty period the complainant found defect in the cooling of the A.C. to which she has lodge complainant before the O.Ps. several times but she was not provided with any service and the defect of the A.C. has not been removed by the O.Ps. Finding no other alternative the complainant has preferred this case alleging deficiency in service on the part of the O.Ps.
2. Although notice has been served on the O.Ps. neither they appears nor have filed their version and hence both the O.Ps. were set experte vide order dated 18.9.19. At the stage of order the O.P.2 appears through advocate and files his written version and prays for acceptance of the same. However for better decision of the case the same has been perused while passing the order.
3. Heard the representative of the complainant who appears in person. Perused the complainant petition and the documentary evidence available on record. In support of her case the complainant has filed the Xerox copy of Tax invoice issued by the O.P.1, copy of warranty and copy of online complaint sent by the complainant for service. Perused the written version filed by the O.P.2. The O.P.2 has submitted that the company has provided proper service as and when received the complaint from the complainant and hence there is no deficiency in service on the part of the O.P.2.
4. It is seen from the Tax Invoice issued by the M/S Sayym Enterprises, Dharamsala Road Titilagarh, i.e. O.P.No1 that, the complainant had purchased an Air Conditioner from the O.P.1 and paid the price amounting to Rs. 45,000/- vide invoice No. SET/1060 dated 26.3.19. It is also seen from the warranty supplied by the company that, the LG Air Conditioner is warranted for a period of 12 months from the date of purchase and also covers an additional warranty of 9 years on compressor. It is also seen that the complainant has also send complaint to the service center of the O.P. through SMS several times.
5. All these documentary evidence available on record shows that the complainant had purchased the LG Air Conditioner and had paid the consideration amount to the O.P.1 and the complainant is a consumer for the purchase of the said product. It is also evident from the copy of the SMS send by the complainant to the service center that, from the very beginning of its purchase and during warranty period the AC was found defective. The job sheets filed by the O.P. shows that they have attended the complaint of the complainant, but there is no evidence available on record to show that the service provided by the O.Ps. are free from all defects.
6. The O.Ps. are under obligation to provide service to the consumer and are also duty bound to sell defect free product. It is seen from the SMS correspondence between the parties that after receipt of complaint the O.P. has deputed a service engineer for repair. But even after repair the complainant found defect in the cooling of the Air Conditioner. The complainant has not produce any expert evidence or any report of the technical person to show that the Air Conditioner is not reparable and there is inherent defects in the AC which requires replacement . Law is well settled that, if the product is reparable it cannot be replaced.
7. With these material available on record it is believed that the O.Ps. have not yet removed the defect of the Air Conditioner. Hence direction for a defect free repair will meet the ends of justice. Hence ordered:-
ORDER
The O.Ps. are directed to repair the Air Conditioner of the complainant by replacing the defective parts with new parts with extended warranty within one month from the date of receipt of this order. Further the O.Ps. are directed to pay Rs. 1000/-( One thousand ) to the complainant towards cost within the aforesaid period.
Accordingly the case is disposed of.
Pronounced in the open Forum to-day the 16th day of December 2019.
Sd/- Sd/-
(S.Rath) (A.K.Purohit)
MEMBER. PRESIDENT