DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.27 of 2022
Jay Narayan Pattnaik, aged about 43 years, S/o. Madan Sundar Pattnaik, Occupation – Govt. Servant, R/o. village Nrupa, P.O./P.S. Manamunda, District - Boudh,
………….. Complainant
Vrs.
1. Basudev Patra, Proprietor JB Store, Sonepur Main Road, Badbazar, Near Bus Stand, P.O./P.S. Sonepur, District – Subarnapur.
2. The M.D. Symphony House, FP 12 – TP50, Bokadev Off SG Highway, Ahmedabad – 380054, Gujarat, India.
………….. Opp. Parties
Advocate for the Complainant …………. Sri B.K. Mohanty
Advocate for the O.P. No.1 …………. Sri R. Agrawal
Present
1. Sri U.N. Purohit, President
2. Sri H. Padhan Member
Date of Filing Dt.31.12.2022
Date of Hearing Dt.08.05.2023
Date of Order Dt.23.05.2023
J U D G E M E N T
By Sri U.N.Purohit, P.
The complainant filed complaint U/s. 35 of C.P. Act 2019. The case of the complainant in brief is that, the O.P. No.1 is registered dealer dealing with electronics goods and O.P. No.2 is the manufacturer of Symphony Cooler. The complainant purchased one Air Cooler “Symphony Touch 110 ”from O.P. No.1 on payment of cash took delivery of the goods to his residential house situated at Nurpa, one Cash Memo was issued by O.P. No.1. After reaching home the complainant tried to start the Air Cooler but did not work, so the complainant lodged oral complaint before the O.P. No.1 either for repair or replacement and at that time the O.P. No.1 promised to get it repaired within 24 hours, but inspite of repeated request for three days, the O.P. No.1 did not get it repaired nor he refund
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the purchased amounts so paid to the complainant. The complainant is a bonafide consumer was in dire need of cooler for his old father due to high temperature during that ongoing summer.
On 29.05.2020 the complainant carried the cooler by one hire auto to the shop of the O.P. No.1 to get the cooler repaired or replaced and thereafter the complainant left the cooler at the disposal of the dealer, the O.P. No.1, the O.P. No.1 assured the complainant to repair the same and ever since then the cooler has been retained by the O.P. No.1. The complainant tried to solve the matter by calling the customer care and to lodge complain at the manufacturer, but in vain. Hence the cause of action arose on 25.07.2022, when the O.P. No.1 finally refused to do his part of p3erformance and did not either pay back nor handed over the defective cooler. The complainant prayed for cost of the cooler Rs.17,000/- alongwith to and fro charges and interest and Rs.5000/- towards harassment, loss of reputation and mental agony. And other reliefs deem fit by this Hon’ble Commission.
The O.P. appears through their advocate and not filed version within time finally set exparte.
The complainant filed tax invoice No.JAS1177 dt.25.5.2020 and affidavit evidence to prove his case. As it appears from the complaint petition and affidavit filed by the complainant, the complainant purchased the cooler on 25.05.2020 from the O.P. No.1 and the same found defective taken several step to repair or replacement of the defective cooler or return the price, but the O.P. could not comply the same as such they are under unfair trade practice. The O.P. caused harm to the complainant by adopting unfair trade practice and deficiency in service. The complainant had purchased the cooler in the year 2020 and the O.P. has not yet return the cooler after repair or replace the same, rather the O.P. retain the same till date. Due to efflux of time replace the cooler will not
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serve the purpose of consumer. Hence we direct the O.P. No.1 to return the price of the cooler i.e. Rs.17,000/- and compensation of Rs.5000/- as well as cost of litigation Rs.2000/- within two months. Complaint is partly allowed. This order be comply within Two month from the date of order failing which the penal interest of 12% will be charged till realization of award amount.
Applications pending, if any, stand disposed of in terms of the aforesaid judgment. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the CONFONET for perusal of the parties.
File be consigned to record room alongwith a copy of this judgment.
Dated the 23rd day of May 2023
Typed to my dictation
I agree. and corrected by me.
Sri H.Padhan Sri U.N.Purohit
Member President
Dt.23.05.2023 Dt.23.05.2023
