Orissa

Sambalpur

CC/52/2015

Kalpeswar Naik - Complainant(s)

Versus

1-Gadrej & Boyce MFG Co. Ltd. - Opp.Party(s)

Sri R.P. Pradhan

23 Jun 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 52/2015

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Kalpeswar Naik,

S/O- Late Satyanarayan Naik

At-Main Road Modipada

Ps-Town, Dist-Sambalpur.                                                      …..Complainant

 

Vrs.

1. Godrej & Boyce MFG Co. Ltd

Firoz Shah Nagar/Vikroli, Mumbai-400079.

2. Manager, Godrej & Boyce MFG Co.LTD

At-N.H.5 Highway Complex Rudrapur

•  

3. Prop-Goel Furniture & Comfort Foam

At/PO-Ashoka Talkies, VSS Marg Sambalpur.

PS-Dhanupali, Dist-Sambalpur.….Opp. Parties

Counsels:-

1. For the Complainant                   :-         Sri. R.P.Pradhan, Advocate & associates
2. For the O.P.s                                 :-         Ex-parte

 

DATE OF HEARING : 19.04.2022, DATE OF JUDGEMENT : 23.06.2022

DR. RAMAKANTA SATAPATHY, PRESIDENT,

1. The Complainant purchased three pieces of  Godraj Anand Milan Mattresses of size 78”x72”x102” and 4 pieces of Godraj swing mattresses size 78”x72”x04” from O.P. No.3 and comfort foam, Opposite Asoka Talkies road, Sambalpur on 27.03.2015 paid Rs.51,967.91P, the dealer granted a receipt with warranty of one year. After some days the Complainant found that the mattresses are torn from the side and after some days found the middle position of mattresses are compressed and lost its elasticity. The Complainant intimated the dealer about the defect, the dealer verified through a staff and after that assured to replace intimating the distributor and manufactures.

Several time the Complainant went to the dealer but on trivial ground avoided to replace.

2. The O.P. No.3 appeared through his Advocate but not filed any version. Later the O.P. No.3 set-exparte. The O.P. No.1 & 2 have been set ex-parte.
3. After perusal of the receipt issued by O.P. No.3 dated 27.03.2015 is reveals that the Complainant purchased materials for Rs. 51,967.91P. The O.Ps have not filed any version for which the case has been set ex-parte. Since 2015 the Complainant is coming to the Forum/Commission for Redressal. Although the Complainant has not filed any evidence regarding the complaint made to the O.Ps about his grievance but the complaint is supported with affidavit.

Accordingly, this order is made ex-parte.

6698606.  

The O.Ps dealer, distributor and manufacture are jointly and severally liable. The O.Ps are directed to supply the materials with same specification mentioned in voice No. 251 dated 27.03.2015 to the Complainant or in the alternative to payRs. 51,967.91P with 4% PA interest from the day of filing complaint within 30 days failing which, the amount will carry 12% interest P.A. realisation.

Order pronounced in open court on this 23^rd June 2022.

Supply free copies to parties.