Ld. Advocate(s)
For Complainant: Monalisa Barik
For OP/OPs : None.
Date of filing of the case :25.09.2019
Date of Disposal of the case : 21.06.2023
Final Order / Judgment dtd.21.06.2023
Complainant above named filed this complaint u/s 12 of the Consumer Protection Act, 1986 against the aforesaid opposite parties praying for direction to the OPs to replace the defective goods by new one, compensation amounting to Rs.50,000/- and other reliefs.
He alleged that he purchased one, 1 ton split A/C from the OPs after making payment of Rs.32,500/-. After purchasing of the said A.C, he found that same is not working properly on and from June, 2019. On 23.06.2019, he lodged a service request before OP No.2. OP No.1 & 2 assigned the job to OP No.1. On 25.06.2019 they informed the complainant that one Abdur Rahim Saikh will visit the premises of complainant. Said Abdur Rahim Saikh visited the premises of the complainant and inspected the said A.C, who informed that the exchange coil was damaged, so a new coil will be installed to resume the A.C. in working condition. On 15.07.2019 a Technician namely Sayan Joarder came to the spot of complainant with new heat exchange coil and he replaced the same. But after exchanging the same, there was a noise from the door unit and complainant requested to rectify the same but said Engineer informed that same could not be resolved and it will not create any problem in future. Complainant made remarks “has not satisfied.” After few days said A.C. Machine was not working properly and it was not cooling properly. Complainant informed the same on 18.07.2019 to the customer care that is OP No.2 and he again assigned the OP No.1 and one engineer namely Nilesh Mondal was assigned for the job who visited the complainant’s business premises and informed that due to gross negligence in previous work the same heat exchanging coil was damaged again and it will take time to get a new one and to repair it. More than 30 days have already passed but no heat ex-change coil was replaced by the OP NO.1. Hence the complainant filed this case.
OP No.1-3 not yet filed W/V. They were found absent on 16.05.2023, thereafter 06.06.2023 was fixed for argument and BNA on that date OP No.1-3 were found absent. Complainant filed BNA and argument was heard from the complainant.
(3)
Trial
During trial complainant filed affidavit in chief.
DOCUMENTS
Complainant filed following documents viz:-
- Tax invoice in respect of purchase of 1 ton A.C...........(One sheet).......(Original)
- Postal Receipt dated 23.07.2019........(One sheet).........(Original)
Brief Notes of Argument
Complainant filed BNA .
Decision with Reasons
We have carefully gone through the petition of complaint, documents filed by the complainant, affidavit in chief filed by the complainant and BNA filed by the complainant. We have carefully considered the same.
On perusal of Tax invoice dated 26.07.2018, we find that complainant purchased the said A.C on 26.07.2018 from the OP No.2.’
On perusal of affidavit in chief, we find that complainant lodged service request on 23.06.2019 that is within one year. So it is clear before us that complainant lodged the complaint within the period of warranty.
On perusal of affidavit in chief of the complainant, we find that different technicians visited the no use of the complainant but defect not yet been removed till date. We have also found that at first OP NO.1-2 took the initiative for removal of defects but ultimately they ignored the request of the complainant regarding repairing of A.C. Machine.
From the aforesaid discussion, it is clear before us that OP NO.1-2 did not take proper steps for repairing of the goods they complaint was made within the warranty period. Aforesaid conduct of the OP No.1-2 are nothing but deficiency in service.
On careful perusal of record, we find that complainant is a consumer and OP No.1-3 are service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has established his grievance before this Commission and he is entitled to relief as per his prayer.
In the result present case succeeds.
Hence,
(4)
It is
Ordered
that the present case be and same is allowed on contest against the OP No.1-3 with cost of Rs.3,000/- (Rupees Three thousand) paid by OP No.1-3 in favour of the complainant.
OP NO.1-3 jointly or severally are directed to repair the aforesaid A.C. Machine of the complainant within one month form this date to the satisfaction of complainant or refund the purchase price amounting to Rs.32,500/- (Rupees Thirty two thousand five hundred) in favour of the complainant failing which complainant shall have liberty to put this order into execution.
OP NO.1-3 are further directed to pay compensation amounting to Rs.5,000/- (Rupees Five thousand) in favour of the complainant within one month from this day failing which complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
