PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 195/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Khetra Mohan Beuria,

S/O-Late Kulamani Beuria,

R/O-Gengutipali, Dhankauda, PS-Sadar, Po-Dhankauda, Via-Remed,

Dist-Sambalpur-768006, Odisha.      

Mob-9437088665                                                          ……………..Complainant

Vrs

1. Radiant Enterprises,

G.M. College Road, Dhuchurapara Chowk, Sambalpur,

Ps-Town, PO-Head Post office,

Dist-Sambalpur, Odisha-768001.

2. Voltas Service Centre, Arpita Engineering,

Near Birsa Munda Kalyan Mandap, Padhanpada, Sambalpur, PO-Budharaj, Ps-Ainthapali, Dist-Sambalpur-768004.

3. Voltas Services Station/Office,

Voltas Limited, B-15, Second Floor,

Arihant Plaza, Saheed Nagarm, Bhubaneswar-751007,

4. Voltas Registered Office, Unitary Product Business Group,

Voltas House, “A” Dr. Babasaheb Ambedkar Road, Chinchpokli,

Mumbai-400033                                                   .……….....Opp.Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P. No.1                           :- Sri. P.M.Dash & Associates
3. For the O.P.No.2                :- Ex-parte
4. For the O.P.No.3 & 4         :- Sri. A.K. Kedia, Adv.

Date of Filing:24.06.2024,  Date of Hearing :04.11.2024,  Date of Judgement :26.11.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant purchased a Voltas AC Model No. 451344B23CA06265 for Rs. 39,700/- on 09.10.2023 from O.P.No.1. When the AC became defective on 13.06.2024 the O.P.No.2 service centre was contacted. The customer care assured that mechanic will arrive on 14.06.2024 but no body visited. On 15.06.2024 when complaint made to O.P.No.4, they assured that O.P.No.2 will arrive. Within the warranty period the O.Ps not took any step for repair. The Complainant’s wife is under medical treatment.
2. The O.P.No.1 dealer submitted that the Complainant purchased 1.5 Tons split AC 5 Star from the O.P. and O.P.No.4 provided 2 numbers of service coupon within warranty period of 12 months. There is no deficiency on the part of dealer.
3. The O.P.No.2 has not taken any step and accordingly set ex-parte.
4. The O.P.No.3 & 4 submitted that vide invoice No.1359 on 09.10.2023 Complainant purchased the AC. One year warranty is given and nine years additional warranty on the Compressor. No any complaint has been lodged by the Complainant. The O.P.No.3 & 4 deputed experts technicians but the Complainant not allowed to inspect the AC. The technicians requested to replace the AC with a new one but Complainant not agreed.

There is no deficiency on the part of the O.Ps.

5. Perused the documents filed by the Complainant. It is the admission of O.P.No.3 & 4 that technicians of O.Ps attended the AC but the Complainant not allowed. In the other hand the O.P.No.3 & 4 stated that no complaint has been made. Both the statement are contradictory.

The O.P.No.3 & 4 are ready to replace the AC. It implies that AC is defective and the O.Ps failed to provide proper service within the warranty period.

Taking into consideration the circumstances of the complaint following order is passed:

ORDER

The Complaint is allowed against O.P.No.2, 3 & 4 and dismissed against O.P.No.1. The O.P.No.3 & 4 are directed to replace the defective AC within one month of this order with a same specification new AC. For harassment the O.P.No.2, 3 & 4 are liable to pay Rs. 50,000/- compensation and Rs. 10,000/- litigation expenses to the Complainant.

Order pronounced in the open court on 26^th day of Nov, 2024.

Supply frees copies to the parties.