MR. PRABODHA KUMAR DASH, PRESIDENT:-                          

                      The present C.C.Case No. 38/2020 filed U/s-35 of C.P.Act, 2019.The Complainant alleged deficiency in service by the Ops U/S-2(11) of C.P.Act, 2019. Hence the complaint.

Brief Facts-

                      The Complainant being the Principal of Pattamundai College, purchased a two nos. of 1.5 ton ACs having 5 star invertor manufactured by Op No.1. The same purchased from Op No.3 (Om Electronics Electricals, Pattamundai). Consideration paid Rs. 88,380/- on dt. 08.09.2020 which included installation fee Rs. 3400/-. After purchase the same installed by authorized person sent by OP No.3. On dt. 12.11.2020 the Complainant found the same 2 ACs are not functioning, then lodged complaint before Ops through online message as well as physically before the Op No.3. The Ops sent service Engineer to rectify the same but could not succeeded. The defect remained as before & assured to send Area Service Manager to resolve the issue. The Area Service Manager after inspection opined that both the Acs installed improperly and leakage of gas from the flarenut and further stated that the Complainant informed the installation technician & they will remove the defect otherwise voltas will remove such defect on chargeable basis. The Ops have failed to remove such defect within warranty period from date of purchase for around 2 months from 08.09.2020 to 12.11.2020, and as a result the Complainant suffered a lot and could not use the ACs. The Complainant prayed for relief suffered by the inaction of Ops and mental agony undergone for the said 2 months is Rs. 20,000/- alongwith litigation cost.

                   Heard the Ld. Counsel for the Complainant. Perused the materials available on record. OpNo.1 & 2 appeared but have not filed written version. Op No.3 duly served notice but not appeared. So OpNo.3 set ex-parte.

                   The Ops have deliberately failed to remove the defect during the warranty period where the cause of defect due to faulty installation by the service technician and such service of installation could have been done by the authorized installation technician appointed by Op No.1 & 2. The Ops have already taken installation fees for Rs. 3400/- after date of purpose as shown in the sale receipt of OpNo.3. Further the defective installation admitted by Mr. Bharat Mishra of Voltas, Area  Service Manager, Bhubaneswar that in its inspection report in dt.01.12.2020(as annexed) that both the units have gas leakage from flare nut and due to improper installation done by the installation technician. It is a clear cut admission by Service Manager of OpNo.2. Therefore the same can’t be deny by the Ops U/s-115 of Evidence Act (Estoppel).

                 In our considered opinion the Ops are liable U/S-2(11) of C.P.Act, 2019 for deficiency in service U/s-2(42) of C.P.Act, 2019 they practised U/s-2(47) of C.P.Act, 2019 are liable to compensate for mental agony undergone during such 2 months & Complainant could not use the ACs for which a equitable relief of Rs. 10,000/- for mental agony and Rs. 1,000/- for litigation cost is just & proper.

                                                        O R D E R

                     It is directed that, the Ops shall pay Rs. 11,000/- to the Complainant within a period of one month from the date of receipt of this order, failing which the Ops shall liable to pay @6% P.A till its realization. The C.C.Case is allowed.

                          Issue extract of the order to the parties for compliance.

            Pronounced in the open Commission, this the 9th day of January,2023.                          

                              I, agree.

                                Sd/-                                        Sd/-

                           MEMBER                             PRESIDENT