West Bengal

Birbhum

CC/29/2017

Smt Sikha Bhattacharya, W/O Lt I.Bhattachrya - Complainant(s)

Versus

Prop, RP Electronics - Opp.Party(s)

Nurul Alam

16 Nov 2017

ORDER

The complainant Sikha Bhattacharya filed a petition against the O.Ps stating that she purchased a Voltas Split A.C Machine valued at Rs. 45,500/-. She paid Rs. 20,000/- at the time of delivery and the balance was due and payable later. The A.C Machine was installed on 26.01.2017. After installation it was found that the A.C was defective and its cooling capacity was zero. The complainant informed R.P Electronics, the seller and High Tech Service, the service centre of Voltas Company. They checked and tried but failed to repair it. The complainant repeatedly lodged complain to the R.P Electronics and High Tech Service for replacement of the said machine. But they did not care. Being aggrieved the complainant filed the petition to the Forum.

            R.P Electronics, Bolpur O.P No.1 and High Tech Service, Bolpur O.P No.2 did not appear inspite of receiving notice from the Forum. The case has been heard ex parte against O.P No.1 and O.P No.2 vide order No. 3 dated 05.05.2017 and order No. 7 dated 11.09.2017.

The complainant is examined as PW and she has filed certain documents.

Upon pleading of the case the following points are to be considered for discussion.

Points

1. Whether the complaint is a consumer or not?
2. Whether the O.Ps have deficiency in service or not?
3. Is complainant entitled to get relief as prayed for?

Decision with reasons

All the points being interlinked each other are taken together for discussion.

The complainant has purchased Voltas A.C Machine from R.P Electronics, Bolpur on part payment and the balance would be paid after installation of the A.C Machine. It is clear from the challan being No. 1262 dated 26.01.2017 and receipt voucher No. CS-158 dated 26.01.2017. According to Section 2(i)(d) “consumer means any person who – (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised or any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose;……”

In this case the complainant has purchased the A.C Machine for self-use for a consideration of Rs. 45,500/- which has been partly paid of Rs. 20,000/- and partly promised to pay the balance after installation of the above mentioned A.C Machine. Therefore, the complainant is a consumer.

The complainant purchased the said Voltas 1.5 tones Split A.C being MD-FU183VEY, V/D:4551978A16A005145 and O/D4512038D16A005130 from O.P No.1 on 26.01.2017 and the machine was installed on the same day i.e. on 26.01.2017. The installation charge of Rs. 2000/- had been paid separately on the same day. According to the complainant the machine was defective and not working since installation. Cooling capacity is zero. She informed O.P No.1. O.P No.1 suggested the complainant to go to O.P No.2 who is service centre of Voltas A.C Machine. The complainant went to O.P No.2. O.P No.2 tested the said machine but he could not repair the problem. The complainant went to O.P No.1 and 2 for several times and lodged complain verbally and written also. The complainant filed the copy of the letter to O.P No.1 posted on 04.03.2017 in support of his claim.  But they did not take any step. O.P No.2 did not supply any job card from where one can get to know the type of problem and whether the problem is repairable or non-repairable.

The warranty card speaks that “you are entitled to repair or replacement of any part or parts except plastic parts like grill, louvers, etc. of the Air conditioner for a period of 12 months from the date of purchase when we identify as due to faulty material or workmanship and not due to improper uses, of faulty electric supply/connection.”

Surprisingly, the complainant noticed from the very first day of installation of the said Voltas A.C Machine that it was not functioning. Both O.P No. 1 and 2 checked the problem and said to the complainant that the problem was not curable. But they did not take steps for replacement of part or parts that was /were not functioning according to the warranty condition. It was within the warranty period. As per warranty Voltas guarantee to honor customer the above mentioned rights. There has been mentioned in the warranty also that “repair or replacement of parts under your entitlement would be carried out by the nearest Voltas Service station/Authorized dealer….”

So, this is deficiency in service on the part of the O.Ps. Deficiency in service has been proved.

The complainant is entitled to replace the defective part/parts of the Voltas A.C in question.

Proper fees have been paid.

Hence,

O R D E R E D

that C.F case No. 29/2017 be and the same is allowed in part ex parte  against O.Ps with cost of Rs. 2,000/-.

            The O.Ps are jointly or severally directed to replace the defective part/parts of A.C Machine in question for function properly with same warranty period from the date of replacement within one month from this date of order failing which the complainant shall be at liberty to execute the order as per law and proceeding.

Copy of this order be supplied to the parties each free of cost.