OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Mrs. S.MALLICK & Sri K.K.Mohanty,
MEMBER .
Consumer Complaint No. 40 of 2014
Date of Filling : - 09.05.2014.
Date of Order :- 04.10.2016.
Ashok Ku.Bal,S/O.Basanta Ku.Bal,
At-Balhar,P.O/P.S-Talcher,Dist.Angul.
_________________________Complainant.
Vrs.
- T.V.Palace,At-Hingula Market ,Hatatota,
-
- Head Corporate Consumer Cell,
Whirpool of India Ltd,Faridabad-
_________________________ Opp. parties.
For the complainant :- Self.
For the opp.party No.1 :- Sri P.K.Pradhan & associates(Advs.)
For the opp.party No.2 :- Sri J.K.Mishra & associates(Advs.)
: J U D G E M E N T :
Mrs.S.Mallick,Member.
Complainant Ashok Ku.Bal has filed this case for redressal, alleging deficiency in service by the part of the opp.parties.
2. Briefly stated, the fact of the case are that the complainant had purchased one 1.5 ton Whirpool A.C model No. 1.5 ton master mind 13524 window,Sl.No. INM 130601498 from opp.party No.1 on 15.05.2013 by paying Rs. 25,000.00 through invoice No.3118 .After few months , the complainant found defect like horror sound, non-cooling, vibration ,leakage etc. on the said A.C .He informed the matter personally to opp.party No.1 and over telephone on toll free number to opp.party No.2. After receiving complaint from the complainant , the opp.parties sent their authorized personnel to his residence who after checking found defect and advised the complainant to take the said A/C to their authorized service station. Accordingly the authorized service station received the said A/c from him with a due job card and assured him to remove the defect parts without cost and make the said A/C defect free as it was within the warranty and guaranty period. Inspite of several approaches made by the complainant, the opp.parties neither removed the defects from the said A/C nor replaced it with a new one according to the provision .With these allegations the complainant has sought for relief of Rs. 30,000.00 which included cost of litigation a new A/C in lieu of the said A/C. from the opp.parties.
3. The opp.parties in response to the notice, issued from this forum in this case appeared and contested the case. In his written argument opp.party No. 2 denied all the allegations made against him by the complainant. He further submitted that the complainant purchased the A/C in question on 15.5.2013 but he filed this C.C.Case on 21.11.2014 after continuously and extensively using for a period of one and half years. This use itself proves that there was/is no problem in the A/C ccordingly he disputed about the claims with prayer to dismiss the case.
4. On the basis of the above pleadings of the parties the following issues are settled for determination of the case.
Issues:-
- Whether there is consumer and seller/service provider relationship between the parties ?
- Whether, the complaint is barred by law of limitation ?
- Whether there is deficiency in service by the opp.parties by not providing the service to the complainant ?
- To what relief the complainant is entitled to ?
: F I N D I N G S :
Issue No.(i):- The opp.parties have not disputed the fact that the complainant is a consumer under them. The complainant has paid the price of Rs.25,000.00 vide receipt No. 3118 dt. 15.05.2013 (Annexure-1) and purchased the said A/C.Thus, it is clear relationship of seller/manufacturer and consumer has been established between the parties within the meaning of C.P.Act.
Issue No.(ii):- The complainant has purchased the said A/C. on 15.05.2013 and the A/C was received by the opp.party No.2 on dt. 04.04.2014(Annexure-2) after getting allegation from the complainant. On going through the case record we found that he filed this case on 09.05.2014 before this forum. Thus, it is clear that the complaint is filed within two years from the date of cause of action. Section-24(A) of C.P.Act prescribes the limitation period for filing of consumer complaint. It speaks that:-
“The District Forum shall not admit a complaint unless it is filed within two years from the date of which the cause of action has arisen”.
Issue No.(iii):- It may be mentioned at the out set that when a person buys a new A/C he does not buy a headache and in normal circumstances it should not have given any trouble, As it is seen , the alleged A/C started giving problem just after few months of the purchase ( within the warranty period). Merely because the A/C continued to function for few months after it was purchased by the complainant, that by itself is not a ground to hold that the same is not a defective one. As the technical expert of opp.party No.2 advised the complainant to took the A/C to their service center because it could not be repaired at the residence of complainant and the same was received by opp.party No.2 with remarks of non-cooling and “Evaporator Leakages” .As per the contract of warranty, the opp.party No.2 is liable for deficiency in service. He is either to repair the same or to make replacement the defective parts of the said A/C .Opp.party No.1 being the dealer of opop.party No.2 has dealt with its manufacturing articles and has made profit by taking consideration from the complainant for which he has bounden duty to see that the customer is not harassed or put to mental agony.
Issue No.(iv):- By paying a huge cash the complainant had purchased the A/C to get protection from unbearable summer heat of Talcher region but unfortunately he could not avail the pleasure of the A/C. Since he had been suffering three summer reasons without getting service through A/C due to the negligence of the opp.parties, they should rectify the said A/c and pay compensation and litigation charges.
5. In view of the foregoing discussion , we found that the opp.parties are jointly and severally liable to pay compensation to the complainant for these negligence and deficiency in service and unfair trade practice along with litigation charges.
6. Hence ordered:-
: O R D E R :
The consumer complaint case is allowed on contest. The opp.parties are hereby directed to rectify the problem found in the said A/C and handover it to the complainant in a fully defect free condition along with to pay Rs. 10,000.00(Rupees Ten Thousand) towards harassment and Rs. 5,000.00(Rupees Five Thousand) towards litigation charges to the complainant within 45 days. It is made clear that in case of non-payment of the amount within the stipulated period as directed ,the opp.parties shall pay simple interest @8% p.a on the above amount from 45(forty-five) days of this order till actual payment is made ,failing which law shall take it’s own course.
Order delivered in the open forum
today the 4th October,2016 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/- (Sri D.C.Mishra)
Sd/- President.
(Mrs. S. Mallick)
Member.
Sd/-
(Sri K.K.Mohanty),
Member.
