Recurring Defects In Air Conditioner, Orissa State Commission Holds Godrej, Authorized Service Centre And Dealer Liable For Deficiency In Service

Recently, the Orissa State Consumer Disputes Redressal Commission bench comprising Sri Dillip Kumar Mohapatra (Presiding Member) upheld the Bargarh District Commission’s order holding Godrej, its authorized service centre and its dealer jointly and severally liable for deficiency in service for their failure to remedy the defects in the air conditioner which arose just within 1 month of purchase. Brief Facts: The complainant purchased a Godrej air conditioner from its dealer but faced repeated issues with it, despite attempts at repair by Godrej’s authorized service centres. After numerous complaints and a legal notice, the complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Bargarh (“District Commission”), seeking a replacement or a refund of the purchase cost of Rs.16,500/-, along with compensation totalling Rs.40,000/- for various expenses and mental distress. The authorized service centre claimed they fulfilled their warranty obligations, while the dealer sent the air conditioner for repairs as instructed. The District Commission ruled in favour of the complainant, ordering Godrej, the service centre and the dealer to jointly refund Rs.16,500 with 6% interest from the purchase date, and pay Rs.3,000 for mental distress. Aggrieved, the Customer Care division of Godrej filed an appeal in the Orissa Consumer Disputes Redressal Commission (“State Commission”), challenging the District Commission’s decision. Observations of the Commission: The State Commission noted that just after 1 month of purchase, the air conditioner developed defects and despite being repaired by the authorized service centre, the defects persisted. The air conditioner was repaired for the second time however, the same defects were detected again. Even after the complainant was assured that the situation would be remedied, no steps were taken either by the dealer or the authorized service centre. As a result, the State Commission upheld the District Commission’s order, holding that it rightly arrived at a conclusion that Godrej, its authorized service centre and the dealer were jointly and severally liable for deficiency in service. Consequently, the appeal was dismissed. Case Title: Customer Care, M/s Godrej and Boyce Manufacturing Co. Ltd. vs Arjun Kumar and others Case No.: First Appeal No.375/2010 Advocate for the Appellant: Sri Debashis Tripathy & Associates. Advocate for the Respondent: Sri M.K. Nayak (For Respondent 1) Click HereTo Read/Download Order

Recurring Defects In Air Conditioner, Orissa State Commission Holds Godrej, Authorized Service Centre And Dealer Liable For Deficiency In Service

Smita Singh

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