DATE OF DISPOSAL: 10.07.2023
PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT:
The fact of the case in brief is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties (in short the O.Ps ) and for redressal of their grievance before this Commission.
2. The complainant purchased a Split Air Conditioner of 1.5 ton capacity Air Conditioner Invertors model of Voltas-183 VJZJ along with the outer of same capacity for Rs.32,500/- and V-Guard Vet-400 plus voltage stabilizer for Rs.6300/- from O.P.No.1. Accordingly the OP No.1 issued tax invoices cum Delivery Challan of 2 pages vide Invoice No. BAM/SA1920/00328 dated 25.04.2019 for Rs.38,800/- to the Complainant. The said items were delivered on the same day to the complainant. As per their discussion at the time of purchase of the A.C. nobody came from the OP No.1 to install the AC on the next day. Just after one week of delivery, the company staff attended complainant’s house and installed the AC contrary to the instruction and suggestions of the Complainant. The suggestion of the complainant was that, ‘the indoor unit in the front room of his 1st floor and the outdoor unit at the outside premises of the house’. But the staffs of the opposite parties installed the indoor unit of AC inside the front room of ground floor and outdoor unit just within the premises of the same floor as per their choice. For such installation, the staffs of the opposite parties forcefully collected an amount of Rs.5360/- from the Complainant. When the complainant called over phone, the OP no.1 did not cooperate. In the result, the AC instead of releasing cool breeze it gave hot breeze, since the outdoor unit was installed within the premises. Due to the wrong installation of the AC unit (both Indoor and Outdoor) by the company staff of the OP No.1, it did not give good result. For which the complainant approached the O.P.No.1 and put his grievance orally regarding the misdemeanor of the company staff forcibly charging for installation, collecting excess money in the guise of giving extra accessory pipe despite of such items were supplied by the company as inclusive items and improper installation of the AC unit. The O.P.No.1 assured the complainant to do the needful within two days but failed. The complainant approached the O.P.No.1 repeatedly for 4 to 5 time but everything was in vain. Even though the complainant purchased the AC unit of voltas to get relief from the extreme heat in the summer, he failed to enjoy the fruit of his investment and the season passed at last. After suffering mentally as well as financially, the complainant issued notice upon all the O.Ps on 22.05.2019 to set right the problem by proper installation of the AC unit within 7 days of receipt of the notice, but none of them responded even after receiving the notice. Having lost his hope of getting any service from the O.Ps, the aggrieved complainant by spending of Rs.7045/- get the work done through one M/s Santosh Agencies situated at Komapalli main road Berhampur. On 07.07.2019, the said agency removed the defect in installation by shifting the AC unit from ground floor and installed it at the 1st floor of the house of the complainant on 08.07.2019. They installed the indoor unit of AC within the front room of the 1st floor and the outdoor unit on the exterior wall of the premises. Then the AC unit worked properly giving sufficient cooling. After installation, the complainant paid the amount of Rs.7045/- against the tax invoice bill for Rs.7,045/- issued by the said agency. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund Rs.5,360/- illegally taken, Rs.7,045.00 reinstallation charges, compensation of Rs.30,000/- for harassment and mental agony and litigation cost of Rs.10,000/- in the bests interest of justice.
3. Admitted the case and notices were issued but the O.Ps neither appeared nor filed any written version in accordance to the allegation made in the Complaint.
4. To substantiate his case the complainant has filed affidavit in support of his case.
5. The complainant is absent since 22.09.2022 and not taken any steps till today. However in the interest of justice this Commission disposes of the case on merit.
6. We perused the complaint, and documents available in the case record and the materials placed on it. As per the demand made by the O.Ps, the complainant paid an amount of Rs.5,360/- but the AC instead of releasing cool breeze it gave hot breeze. The complainant finally consulted with another private service provider of the town M/s Santoshi Agencies and paid Rs.7,045/- who shifted the AC from ground floor and installed it in the first floor in proper manner.
7. We have also thoughtfully considered the submissions made before us by the complainant. It is pertinent to mention here that though opportunity was given to the O.Ps to defend the case but they failed to do so. As such taking the sole testimony of the complainant in to consideration it is presumed that the complainant’s contention is true.
8. On foregoing discussion it is crystal clear that the Ops are negligent in rendering proper service to the complainant. Hence, in our considered view, there is deficiency in service on the part of the O.Ps.
9. In the result, the complainant’s case is allowed partly against the OP No.1 and dismissed against the OP No. 2 and 3. The O.P.No.1 is solely responsible not to provide appropriate services to the Complainant. Hence, the OP no.1 is directed to refund Rs.12,345/- together with pay compensation of Rs.10,000/- towards provide deficient in services to a Senior Citizen and adopted unfair trade practices and also pay litigation cost of Rs.5000/- to the complainant within 45 days from the date of receipt of this order. Further it is directed to the OP No.1 to discontinue such type of unfair trade practices and not to repeat them in future with any other consumers. In the event of non-compliance of the order, the complainant is at liberty to recover the entire amount from the O.P No.1 with interest @12% per annum from the date of filing of the case i.e. on 26.09.2019 till actual date of realisation of the same is made under the Consumer Protection Act.
The case of the complainant is disposed of accordingly.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. A copy of this order be also sent to the Secretary, State Consumer Disputes Rederssal Commission, Odisha, Cuttack for information.
The file is to be consigned to the record room along with a copy of this Judgment.
PRONOUNCED ON: 10.07.2023.
