Orissa

Kendujhar

103/1996

Smt. Jyotsnarani Patra - Complainant(s)

Versus

1. Proprietor, Ideal Automobiles - Opp.Party(s)

17 May 1997

ORDER

BEFORE THE PRESIDENT: DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KEONJHAR

C.D. CASE NO.103 OF 1996

   Smt. Jyotsnarani Patra,

   W/o- Sri P. Patra, T.S. (O),

   Telecom Colony, Keonjhar- 758001                                 .  .  .  Complainant                                                                                    

                      Versus

1. Proprietor, Ideal Automobiles,

    Near Tahasil Office, Keonjhar- 758001

2. Area Manager, M/s Voltas Ltd.

    192, Kharavela Nagar,

    Bhubaneswar- 751001

3. All India Service Manager, Voltas Ltd.

    NKM International House, 178,

    Backbay Redamation,

    Behind LIC Yogakshama Building,   

    Mumbai-400020                                                                  .  .  .  Opp. Parties

 

   Advocate for complainant- Self

   Advocate for OP No.1 - Sri H.B. Rout

   Advocate for OPs No.2 & 3- Self

 

   Present- Sri Binayak Acharya, President

                     Miss P. Parija, Member

                                       And

                     Dr. K.K. Dwibedi, Member

____________________________________________________________________________________________________

Date of Hearing: 29.04.1997                                                        Date of Order: 17.05.1997

SRI B. ACHARYA, PRESIDENT: The brief facts of the allegation made in this case is that the complainant Smt. Jyotsnarani Patra purchased a 165 Ltrs. Voltas Refrigerator BP. Model bearing Cabinet Serial No. 4.L-19845 & Compressor Serial No. 4L-529433 on 26.1.95 on payment to OP No.1 who is the Authorized Dealer vide bill No.107, dt.26.1.95. OP No.3 is the Manufacturing Company and OP2 is the Area Manager who looks after the transactions of the OP. No.1. There was one year guarantee and six years optional service contracts from the date of purchase of the Refrigerator. Within one year guarantee period the Refrigerator in questioned out of order and the complainant requested OP. No.1 to repair and remove the defects of the Refrigerator in question many a times. In the long run the dealer got it repaired replacing the Thermo Start Knob. But in spite of such repair when the Refrigerator could not function well the complainant handed it over to the dealer i.e. OP. No.1 to do the needful with a request either to give a new one instead of the defective Refrigerator or to return back the price already received. But when the OP. No.1 did not comply the request of the complainant she was compelled to take shelter of this Court on 26.12.96.   

2. On scrutiny of this case it is found that the complainant submitted some Xeroxed unattested copies of documents along with of his complaint petition. 

3. On receipt of the notice from this Court OP No.1 filed his written version on 6.2.97 and the OP. No.2 S.N. Roy filed his version in writing dt.17.2.97. The OP. No.3 All India Service Manager, Voltas Ltd. though received notice from this Court on 18.1.97 which was sent through Regd. post with A.D remained silent and did not file version at all for which he is set ex-parte.

4. In the written version of OP No.1 he has clearly admitted that he had supplied the refrigerator in question to the complainant and similar in the reply of OP. No.2. But it is to note here that the Opp. Parties did not admit the disorder of the refrigerator during one year guarantee period rather the complainant through her husband informed the OP. On 17^th July, 1996 after the guarantee period that the refrigerator became out of order and needed repairing to which he complied within three to four days quite satisfactorily. OP no.1 has also filed the unattested Xeroxed copy of service report dt.17.7.96 with the signature of the mechanic appended below the back side dt.22.7.96 without the signature of the customer. On that report in the opinion of Sri S.N. Roy for Voltas Ltd. who has opinioned that it was checked properly and found as satisfactory with the short initial but S.N. Roy written within the bracket without any date. On the other hand the complainant has filed the original purchased bill from the OP no.1 proprietor of Ideal Automobiles, Keonjhar which is marked as Ext.1 and a subsequent bill of payment to the Ideal Automobiles which was made on 5.4.95 and issued by the Ideal Automobiles to the complainant which is marked as Ext.2 & Ext.3 is the counter foil of Ext.1 issued to the complainant by Ideal Automobiles - OP no.1. But to our utter astonishment when this court did not accept the Xeroxed copy of the service report filed by OP no.1.  as not attested he was compelled to file the original service report dt.17.7.96 with the signature of Deepak Kumar Mechanic dt.22.7.96 with a

new thing that date 25.9.96 has been written under the short initial and the name of S.N. Roy written within the bracket which was not found in the Xeroxed copy of the service report filed by OP no.1 along with written version. In comparison of these two documents filed by the same OP it is evident that some short of foul-play have been undertaken by the OP in preparation of these two documents. Either the date has been concealed in the Xeroxed copy under S.N. Roy or the date 25.9.96 has been manipulated and manufactured in the attested copy to put dust to the eyes of others taking a vague plea as a drowning man catches at a straw. Though avoided in these written statements no where the OPs could prove that the disorder of the refrigerator was complained after the period of one year guarantee and they have utterly failed to prove their defense.

5. Under these circumstances we allow the complaint with cost of Rs.500/- (Rupees five hundred) with a direction to OP No.1 to return back the price of the refrigerator received from the complainant i.e. Rs.8,918/- (Rupees eight thousand nine hundred eighteen) within thirty days of receipt of this order. We also direct that the OPs are jointly and severally pay Rs.2000/- as compensation along with the cost to the complainant within that period failing which the compensation and the costs will bear the interest @ Rs.1/- per day from the date of receipt of this order till the date of final payment. The loss of Rs.30,000/- claimed by the complainant sustained is considered to be unreasonable. The OP no. 1 the proprietor of Ideal Automobiles, Keonjhar is specifically directed to return the price of the refrigerator to the complainant as mentioned above within thirty days of receipt of this order definitely failing which he will be bound to pay the interest at Bank rate of the price money received by him for the refrigerator from the date of receipt up till the date of final payment.

          Order pronounced in the open Forum today i.e. the 17^th day of May, 1997 under my hand and seal of the Forum.

 

         I agree                                                                                            I agree

Dr. K.K. Dwibedi                                                                           Miss P. Parija                                                                                        Sri B. Acharya

      Member                                                                                          Member                                                                                                 President   

                                                                                                                                                           Dictated & Corrected by me

                                                                                                                                                                       Sri B. Acharya

                                                                                                                                                                            President