This is a case U/S-12 of the Consumer Protection Act, 1986 filed by the complainant against the O.Ps named above.
The case of the complainant, in brief, is that the complainant purchased one Voltas Air Conditioner machine on 07/07/2016 bearing Model No. TH-185ZYB, 1.5 Ton, SC. No. (Indoor) 4552009A16DA00373, and SC. No. (Outdoor split) 45120689D16EA01886 under Tax-Invoice Bill No. 303 dated 07/07/2016 from the O.P No. 5 / Chowdhury Electrictronics, Railway Bazar, New Market, P.O. Alipurduar Junction, P.S. & Dist. Alipurduar, Pin – 736123 at a consideration amount of Rs. 39,800/- (Rs. 34759.83 + Vat amount of Rs. 5,040.17 i.e. total Rs. 39,800/-) The O.P No. 5 issued a valid Tax-Invoice/Bill along with a Manual Book –cum- Warranty Card for a period of one year from the date of purchase or installation of the same. After installation of the said set the complainant noticed that the said machine was not performing properly and he faced troubles. Accordingly he informed the matter to the O.P No. 5. The O.P No. 5 sent a technician who failed to solve the problem and he told that they will send the machine to a technician. Thereafter, the complainant complained the matter through helpline and he received SMS bearing request No. 17041107107 on 11/04/2017 to his cell-phone.
The further case of complainant is that on 02/06/2017 and 05/06/2017 the Technician again came to the house of the complainant but he failed to solve the problem of the said Air Conditioner Machine. After minor repairing of the said machine the technician detected the same defects. Thereafter the complaint lodged another service request on 05/06/2017 but the O.Ps did not pay any heed to it. The complainant also submitted written complaint through E-mail on 05/06/2017 and the same has been acknowledged by the O.P. As per terms of the warranty Card the O.Ps are liable to refund the money amounting to Rs. 39,800/- + interest as they failed to comply the terms and condition as per warranty card.
Hence, the case has been filed by the complainant with a prayer that the O.Ps be directed to pay sum of Rs. 39,800/- and Rs. 40,000/- for his mental agony and also a sum of Rs. 10,000/- towards costs of the litigation.
All the O.Ps have appeared before this Forum personally and contest the case by filing Written Versions separately. The case of the O.Ps that after receiving the complaint registered by the customer, engineer from their Authorized Service Center has visited the customer place against complaint number 17041107107 dated 11/04/2017 and found there was no problem in the machine. The O.Ps have further stated in their W/V that the less cooling problem reported by the customer in his complaint is due to less tonnage issue in the AC. The room size where the AC has been installed is much bigger in comparison with the tonnage of the AC. The O.Ps have denied all other allegations leveled by the complaint against them and prayed for dismissal of this case.
The complainant and the O.Ps have filed evidence-on-affidavits and written argument in
Contd.
support of their respective cases.
We have heard argument from the side of the complainant only. On repeated calls the O.Ps side have failed to appear to this Forum and did not make any oral argument. As such argument of the complainant heard ex-parte.
Considering the above pleadings the following issues are necessarily come out for consideration to reach just decision of the case. Complainant has also filed some original documents with firisty. O.P side did not file any original documents in support of their case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(i) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as she prayed for?
DECISION WITH REASONS
As all the points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.
It is evident on record that the complainant has purchased one Voltas Air Conditioner Machine from the shop of O.P No. 5 / Chowdhury Electrictronics, Railway Bazar, New Market, P.O. Alipurduar Junction, P.S. & Dist. Alipurduar, Pin – 736123 on 07/07/2016 after making payment of Rs. 39,800/-. After receiving of the said amount the O.P No. 5 has issued a Tax-Invoice receipt and a Manual Book-cum-Warranty Card. Therefore, we have no hesitation to say that the status of the complainant is a bona-fide consumer u/s. 2 (1)(d)(i) of Consumer Protection Act, 1986.
The complainant is a resident of Chechakhata, P.O. Alipurduar Junction, P.S. & Dist. – Alipurduar,Pin – 736123 and the shop of the O.P No. 5 is also situated at Railway Bazar, Alipurduar Junction, Dist. Alipurduar. The claim amount of the complainant does not exceed the pecuniary jurisdiction of this Forum. As such this Forum has both territorial as well as pecuniary jurisdictions to try this case.
On perusal of the materials available in the case record we found that the O.P side admitted the facts of purchase the Voltas Air Conditioner Machine by the complainant. But their pleas are that the less cooling problem arose due to less tonnage issue in the AC. The
Contd.
room of the complainant where the AC has been installed is much bigger in comparison with the tonnage of the AC and this observation had been shared with the customer on his first visit. Therefore, to avoid future troublesomes the O.P side ought to not sell the machine to the complainant. O.P side virtually admitted the defect of the machine. Their plea as the room of the complainant is much bigger in comparison with the tonnage of the AC has not been established by adequate evidence nor even by any verified defensive prayer to that effect.
Under this facts and circumstances we hold that there is deficiency in service on part of the O.P side and as such they are bound to refund the purchase amount of the machine together with Vat Tax i.e. total Rs. 39,800/- to the complainant.
Considering the positive results of the foregoing discussed points point no. 4 also bears positive result and that shall be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and the same is allowed on contest with costs.
The complainant Sri Abhijit Paul do get a decree of a sum amounting to Rs. 39,800/- as the purchase price of the Voltas Air Conditioner with Vat Tax etc. and he do get a further decree of Rs. 10,000/- for his mental agony and sufferings + Rs. 5,200/- as litigation costs against the O.Ps. The O.Ps are hereby directed to pay the total decreetal amount of Rs. 55,000/- to the complainant within 30 days from this day failing which the complainant will be at liberty to put this decree into execution according to law.
In case of realization of the decreetal dues through execution the complainant be entitled to 8% interest per annum on the decreetal dues from the date of filing of this case from 23/06/2017 till liquidation of the entire decreetal dues and the O.Ps shall have to pay Rs. 50/- as fine jointly per day to the Consumer Legal Aid Account of District Consumer Disputes Redressal Forum, Alipurduar.
The O.Ps are at liberty to take back their Machine (Voltas Air Conditioner) at their own risk and cost. The complainant is directed to hand over the aforesaid machine to the O.P side if they so require / requires after receiving the decreetal amount through proper receipt and identification.
Contd.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or hand over forthwith for information and necessary action.
Dictated & Corrected by me-
