Orissa

Rayagada

CC/97/2018

Smt. Rathna Manjari Panda - Complainant(s)

Versus

The Manager, Sital Enterpries - Opp.Party(s)

Self

26 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

POST  /  DIST: Rayagada,  STATE:  ODISHA,12.10  Pin No. 765001.

                                                      ******************

C.C.case  No.       97         / 2018.                                    Date.  26        10. 2019

P R E S E N T .

Dr. Aswini  Kumar  Mohapatra,                                     President

Sri Gadadhara  Sahu,                                                        Member.

Smt.Padmalaya  Mishra,.                                                Member

 

Smt. Ratna Manjari  Panda, W/O  Sri Devi Prasad Panda,  O.M.P. Back side, Kasturinagar,      Po/Dist:   Rayagada   (Odisha). 765 001.               

…. Complainant.

Versus.

1.The Manager, M/S. Sital Enterprises, Bijaya Bhandar line, New colony, Po/Dist:  Rayagada (Odisha). Pin No. 765  001.

2. The Manager, M/S. Eletech Appliances Pvt. Ltd.,  684-690, Seethakathi Business centre,  ETA Star building, 6^th. Floor, Annasalai, Chennai- 600006.Tamilnadu.                                                              … Opposite parties.

 

Counsel for the parties:                                 

For the complainant: - Self.

For the O.Ps    :-  Set exparte.

                                                JUDGEMENT.

The  crux of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps    for  non refund of price of the Split Air conditioner a sum of Rs.37,500/- towards found defective during warranty period     for which  the complainant  sought for redressal of the grievances raised by the complainant.

                                                                P..contd…2..

                                                // 2  //

Back ground  facts in a nutshell  are that  the complainant had purchased  Veston 3 star  split  Air conditioner inter alia  Auto take Stabiliser  from the O.P. No.1 on Dt.22.02.2018  on  payment  of amount a sum of Rs.37,500/-  vide  cash/credit bill No. 546 Dt.22.2.2018. The O.P No.1  had   sold  the  said set to the complainant providing  5(five) years warranty period . The above set   found defective  within the warranty  period.  With in short period the above set was  found defect and not  functioning properly. So the complainant contacted the O.P. No. 1 for rectification of the above set. But in spite repeated rectification the above set was  not found defect free.    The complainant found there is a manufacturing defects  so continuously  parts  were changed in the above set. But  no  action has been taken by the O.Ps till date. Hence this case. The complainant prays the forum direct the O.Ps    to     refund  the amount   towards purchase price of the above product  along with  compensation for mental agony inter  alia  litigation expenses   & such other  relief as the  forum deems fit and proper  for  the interest of justice.

On being noticed  the O.Ps appeared through their learned counsel  and took adjournments. Thereafter   neither entering in to appear before the forum nor filed their  written version inspite of more than  10 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte  the O.Ps.  Observing lapses of around 13(Thirteen) months  for which the objectives  of the legislature of the C.P. Act, 1986 going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  from the complainant set the case  exparte against the O.Ps. The action of the O.Ps  are against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.Ps  were  set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

                                        //  3   //

Heard from the complainant at length.   We perused the complaint petition and the documents filed by the parties.

         FINDINGS.

It reveals from the record that, the complainant has filed copy of retail invoice of OP.No.1 vide Cash /credit  bill  Sl No. 546   dt.22.02.18(copies of the same is in the file which is marked As Annexure-I).

            From the above evidences it is found that the complainant has purchased the A/C and Stabilizer set on dt.22.02.2018 and found defective on the few days of its installation. As per the service warranty condition the complainant intimated the OPs for necessary repair, but none the OPs repaired the set through their service engineer nor replaced the set with a new one and expressed that they are unable to repair the set due to some inherent problems in the said A/C. Though the OPs have deputed their service engineer but failed to rectify the defects arising in the A/C. Despite notice service of this forum, the OPs neither did cared to file any reply or tried to redress the dispute with the complainant. The Air Conditioner being covered with 12 months comprehensive warranty & 4 years extended warranty, the OP.s neither taken any action assured by the company manual or satisfies the complainant in any manner. So we feel that, the action of OPs throughout the total transaction is illegal, arbitrary and highhanded and for which the complainant going through mental agony, inflicted financial losses, hence filed this complaint under compelling circumstances. 

            From the above discussions and perusing the documents filed by the complainant we are of the view that, the alleged set of the complainant is a defective one and the OP deliberately denied to render service to the product, which amounts to deficiency in service on the part of the OP and the complainant is entitled for such relief as claimed.

            The complaint is allowed against the OPs with costs.

//  4  //

O  R  D  E  R

            The OP.No.2 (Manufacturer) is hereby directed to take back their product i.e. Veston 3 star  split  Air conditioner with  Auto take Stabiliser and refund price a sum of Rs.37,500/- Inter alia the OP.2 is further  directed to pay Rs.1,500/- as compensation towards  mental agony, damages and  cost of litigation to the complainant.

Further  the O.P. No. 1 (dealer)  is  directed to refer the matter to the O.P. No.2(Manufacturer) for early compliance of the above order and co-operate the complainant for better co-ordination with the O.P.  No. 2  to provide satisfying service  for which he is entitled.

All the above directions shall be complied by the O.Ps  with in 30 days from the  date of  receipt   of this order. Service  copies of the above order  to the parties as per rule.

            Dictated and corrected be me.

            Pronounced in the open forum on            26th day of   October, 2019.

 

MEMBER                                             MEMBER                                                                             PRESIDENT