Adv. For the Complainant: -    Self

        Adv. For O.Ps                      :-   Sri  S.K.Mohanty and Others

        Date  of filing of the Case  :- 24.08.2021

        Date of Order :-    19.06.2023

 JUDGMENT

Smt. Jyotsna Rani Mishra , Member

Facts of the case in nutshell : -

                The case of the complainant is that . he has purchased a Samsung refrigerator from the O.P. No. 1 and paid the consideration amount of Rs.17.419/- ( seventeen thousand fourth hundred nineteen only) vide sale order No. 41515 74644. Pos Receipt No. 7k112221500114, on date.21.02.2021. consignment Note No.2133047635 on dt.21.02.2021.

            After purchased the said Refrigerator has been installed in the house of complainant and it was running  till 13.06.2021 and during the warranty period , the cooling system of Refrigerator  is totally stopped.

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            In this regard, the complainant complained his matter before the O.P. No.1 . then O.P. 1. Advised complainant to complainant the same on  on-line to the company. There after complainant  complaint the matter on on-line mode before the Samsung company ( OP3) . Accordingly (OP3) sent a technical person to visit the said Refrigerator for repairing but he has failed to repair the same. complainant has lodge the complainant before Ops several times but they were not provided any service . Finding no other alternative the complainant has preferred this case alleging deficiency in service on the part of OPs.

            Heard the representative of the complainant who appears in person. Perused the complainant petition and the documentary evidence available on round . In support of his case the complainant has filed the Xerox copy of tax invoice issued by the OP No.1 , copy of warranty and copy of online complaint sent by the complainant for service, perused the written version filed by the OP3 has submitted that the company has provided proper service as and when received the complaint from the complainant and hence there is no deficiency in service on the part of the OP3.

            It is seen from the tax invoice issued by the (OP1) Reliance Retail Limited, Reliance Digital. Bolangir that the complainant had purchased a Samsung Refrigerator and paid the price amounting to Rs. 17,419/- vide invoice No.  dt . 21.02.2021. It is also seen from the warranty supplied by the company that the Samsung Refrigerator is warranted for a period of 18 months from the dt. Of purchase or 12 months from the installations and also covers an additional warranty of 10 years on compressor . It is seen that the complainant has also send complaint  to the Ops. For several time through e-mail and SMS.

            All these documentary evidence on record shows that the complainant had purchased the Samsung Refrigerator and had paid consideration amount to the OP1 and the complainant is a consumer for the purchase of the said product. It is also evident from the copy of SMS send by the complainant to the service centre  that during warranty  period of the Refrigerator was found defective. The job sheets filed by the Ops shows that  they have attended the complaint of the complainant, but there is no evidence available on record to show that the service provided by the Ops are free from all defects.

            The OPs are under obligation to provides service to the consumer and are also  duty bound to  sell defect free product. It is seen from the SMS after receipt the complainant, the Ops has deputed a Service  Engineer for repair . But even after repair the complainant found that he has failed to repair the same. Law is well settled that, if the product is not repairable it can be replaced.

            In the view of above in details , After giving a lot of time the OP1 and OP2 failed to file their version. So OP1 and OP2 set exparte from the dt. 29.09.2022 and present complainant is

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succeed. And direction for a replaced the product with a new one will meet the ends of justice . Hence order.

                                                        ORDER

            In the view  of above in details I observed Ops are directed to replace the defective products with new one because it is  under warranty period. Or return back of taken amount Rs.17.419/- with interest @ 10 % P.A. from the date of problems arises in product.

            Further directed to Rs.20,000 for mental agony and Rs.2000/-for litigation expenses within one month from the date of filing.

Failing which the OP is directed to pay the total amount @ 12 % P.A. from the date of cause of action arose, Till realization.

                           No award as to cost.

                           Accordingly the case is disposed off.

PRONOUNCED IN THE OPEN COMMISSION TODAY I.E   DATED  19^th    DAY OF  June’2023.

                                                 Sd/-                                                                                             Sd/-

                                         (J.MISHRA)                                                                    (R.K.TRIPATHY)

                                         MEMBER.                                                                     PRESIDENT(I/C)