Orissa

Sambalpur

CC/54/2021

Pradeep Kumar Pera - Complainant(s)

Versus

The Chief Executive Officer, Voltas Ltd. - Opp.Party(s)

Sri. R.Kumar

24 Jan 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer.Case No.- 54/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Pradeep Kumar Pera,

S/o- Pabitra Mohan Pera

R/o- Hariom Nagar, Dhanupali

Ps/PO-Dhanupali, Dist-Sambalpur                                ...………..Complainant

                                                Versus

The Chief Executive Officer,

Voltas Ltd.,

Voltas House, ‘A’ Block,

Dr. Babasaheb Ambedkar Road,

Chinchpokli, Mumbai-400033                                       …………...Opp.Party

 

Counsels:-

1. For the Complainant       :-         Sri. R.Kumar, Advocate.
2. For the O.P                       :-         Sri. P.K.Nayak, Authorised Representative          

 

Date of Filing:05.10.2021,Date of Hearing :XXXXX,Date of Judgement : 24.01.2023

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant has purchased an AC bearing Model No. 183VCZJ amounting to Rs. 32,500/- of Voltas company on dtd. 28.05.2020 from Radiant Electronics, Golebazar, Sambalpur for his personal use at his house. From the date of purchase/installation, the AC worked well for a few days and thereafter problem started and it became a never ending process. The Complainant had reported the matter several times to the local service provider, but they provided a temporary solution and not a permanent one. The Complainant also complained in the customer care number but his complaint was unanswered/unsolved each time. The local service provider did not able to solve the problem and nor did they complained officially to their senior authority about the problem. Though the warranty period over, no concrete solution was made. The Complainant had mailed several times to the company’s official website but no satisfactory reply was given for a single time. The Complainant had sent pleader notice through his advocate to the OP but the OP did not respond. So it is a clear case of deficiency of service on the part of the OP and the OP should be held liable to give compensation.
2. The OP has not submitted any version. Further on dtd. 12.11.2022, the representative of the OP present in the Lokadalat and submitted a DD Vide No. 000040 of 11.11.2022 for a sum of Rs. 32,500/- Bank of India, Dhankauda Branch and the terms of settlement. The Complainant did not receive the DD as the amount was not full satisfactory amount of the Complainant.
3. From the above it is found that the AC purchased by the Complainant was a defective product i.e. inherent manufacturing defect from immediately after its installation in the house of the Complainant and the OP has not solved the problem and repaired properly within the warranty period.

Accordingly issues are settled.

103606587.  

1. Is the Complainant a Consumer of the OP?
2. Is there any deficiency in service of the OP ?
3.  Whether the Complainant is entitled for getting any relief from the OP?

Issue No. 1 Is the Complainant a consumer of the OP?

The Complainant has purchased an AC bearing Model No. 183VCZJ amounting to Rs. 32,500/- of Voltas company on dtd. 28.05.2020. So the Complainant is a consumer of the OP.

          Issue No. 2 Is there any deficiency in service of the OP ?

The AC purchased by the Complainant was a defective product i.e. inherent manufacturing defect from immediately after its installation in the house of the Complainant and the OP has not solved the problem and repaired properly within the warranty period. It is the duty of the OP to solve the problem. So the OP is responsible for deficiency in service.

Issue No. 3 Whether the Complainant is entitled for getting any relief from the OP?

From all the facts of the parties, the Complainant is entitled for getting reliefs what he claims in his complaint petition from the OP.

                             ORDER

The case is disposed of on merit. The O.P. is directed to pay to the Complainant with 9% interest per annum of AC purchase value Rs. 32,500/- from the date of purchased i.e 28.05.2020 to 10.11.2022 along with Rs. 20,000/- towards negligence, deficiency in service to the Complainant as Compensation and Rs. 15,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.

But the O.P. deposited D.D. vide No. 000040 dtd 11.11.2022 a sum of Rs. 32,500/- the said amount not received by the Complainant., Hence, the Complainant is directed to receive the said amount within 07 days from the date of order.

Order pronounced in the open Court today on 24^th day of Jan, 2023.

Free copies of this order to the parties are supplied.