PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                         CONSUMER COMPLAINT NO. 103/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Neeraj Kuamr Jha, aged 33 years old

S/o- Late Bachchu Jha,

R/O-Shanti Nagar, Near Gram Devi Mandir,

PO-Budharaja, Ps-Ainthapali, Dist-Sambalpur-768004, Odisha.

Permanent Address At-Shanti Nager,

Pokhariya Sahibganj,Jharkhand-816109,                                        

Mob- 9540417891                                                                  ……......Complainant.

Vrs

1. Reliance Retail Limited

Reliance Digital, First and Second Floor, Plot No. 262, 263, 270,271,261/4015& 3301/6445, Kh No. 279(A) 733/1046 & 733/2400

Unit -14, Danipali, Sambalpur Town, Sambalpur-768004, Odisha.

Contact No.9324406520/9324407468.

2. Authorised Service Center,

Sai Siddhi Agency Sambalpur, Plot No.572/6650

Amrutvihar, Ainthapali-768004, Sambalpur.

3. Samsung India Electronics Pvt. Ltd. ( Head Office)

At- 20^th to 24^th floor, Two Horizon Centre, Golf Course Rd. DLF Phase 5, Sector 43, Gurugram, Harayana-122202                    ......Opp.Parties

Counsels:-

1. For the Complainant                     :- Self
2. For the O.P. No.1                           :- Sri. A.K. Sahoo & Associates
3. For the O.P. No.2                           :- Ex-parte
4. For the O.P. No.3                           :- Sri. S.K. Mohanty & Associates

Date of Filing:21.06.2023,Date of Hearing :08.01.2024,Date of Judgement :13.02.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that Complainant purchased one SAM ARI8BY4AMWK model Samsung AC for Rs. 42,813/- on 23.06.2022 from O.P. no.1. Warranty was for the period 23.06.2022 to 22.06.2023. The product became out of order since 14.05.2023. Complaint No. 4370490968, 4370950127 and 4372221657 were made before O.P. No.2 & 3. After visit also the staff of O.Ps could not rectify the defects. For the deficiency in service the Complainant filed the complaint.
2. The O.P. no.1 & 3 have not filed any version O.P. no.2 has been set ex-parte. O.P. no.3 company/manufacturer submitted that the complaint is not a consumer dispute. The complaints made are admitted but the allegation failed to rectify the defects are denied. After registration of the complaints technical person of O.P. no.3 visited the Complainant and rendered services. There is no manufacturing defect in goods and services.

In the job card the Complainant consented and the air conditioner is working perfectly. The sequence of events are as:

23.06.2022   Air Conditioner Purchased.

05.09.2022: Job No. 43550 14423 registered. Alleged week cooling. M/S Sai Siddhi

                     Agency rendered service. After cleaning air conditioner worked perfectly.

04.02.2023: Less cooling alleged. Job No. 4364489435 was registered M/S Sai  Siddi Agency cleaned the air filter and services the                                cooling coil. Air Conditioner worked perfectly.

14.05.2023: Less cooling alleged. Job No. 4370490968 registered. M/S Sai Siddhi Agency found A/C working properly. No defects                               found.

21.05.2023: Job No. 4370950127 registered. M/S Sai Siddhi Agency attend Complainant stated technical person attended and rendered                         service. A/C was working properly. Call cancelled.

22.06.2023: Job No. 372221657 registered alleging less cooling. M/S Sai Siddhi Agency attended. The Complainant was suggested to                           change the position of A.C. A.C. was working properly.​

3. Perused the documents filed by the both the parties. It is the of both the parties, that there was problem of cooling in the air conditioner. Three time the mechanic has attended the air conditioner and in the job sheets reflected no issues found. The Complainant admitted that the technical person has attended the jobs on each occasion. From the contentions of the parties it is clear that there is no any manufacturing defect in the product.

From the mail dated 17.06.2023 f the Complainant it reveals that second time there was filling of gas made and temperature came down. It is the allegation of Complainant that in the job sheet signature of the Complainant has not been taken.

It is the duty of O.P. No.3 to take/give a satisfaction note of the customer which is lacking in the job card, which proves the deficiency in service of the O.P. no.3. The Complainant after performance of the job also shown his dis-satisfaction and O.P. No.3 failed to satisfy the Complainant with proper service.

Accordingly, it is ordered:

ORDER

The complaint is allowed against O.P. no.3 and dismissed against O.P. No.1 & 2. The O.P. no.3 is directed to rectify the defects in the air conditioner within one month of this order and issue a certificate to the Complainant that the product is working properly. For deficiency in service and harassment the O.P. no.3 is directed to pay compensation of Rs. 20,000/- and litigation cost of Rs. 10,000/-. In case of non-compliance the O.P. No.3 shall be liable to refund Rs. 42,813/- with 7 % interest P.A. from date of filing complaint till realisation.