Adv. For the Complainant: -    Self

        Adv. For O.Ps                      :-   Nil

        Date  of filing of the Case  :- 12.04.2021

        Date of Order :-    24.02.2023

 JUDGMENT

Fact of the case in nutshell-

The  brief  fact of the case as narrated in the complainant-

(1)          The complainant purchased a LG Washing Machine from Reliance Retail Limited GFFF and SF Plot No. 473 near Jaybharat Chowk Radharani Para Bolangir on dt.11.10.2020 who is the OP  No.2. in this case . The cost of the said machine was Rs21,989,99/- with a guarantee of  2 years warranty from the date of purchase again on dt. 12.10.2020 the complainant paid Rs.4,132/-towards extended warranty of more three years.

                                                                         -2-                

All of a sudden the washing machine gone out of order  prior to 15 days from the filing of this case on dt.12.04.2021 . The complainant  tried his level best to convey the matter to OP2 and approach many times to repair the same but in vain at last after the ear the complainant bound to file this case. 

(2)          To substantiate  his case the  complainant relies on the following documents.

                      (1) Tax invoice of Reliance  Retail Limited of dt 11.10.2020 ( Xerox Copy)

                      (2) The Proforma invoice cum receipt  regarding  the  extended warranty coverage Dt.                       

                            12.10.2020 (Xerox copy)

(3)          Having gone through the complainant its accompanied    documents and on hearing the complainant primafacie it seemed to be a genuine case , hence admitted and  notice to the OPs were served  and in response the OPs  did not appear.

            Sufficient opportunity has been given to the OPs  to filed the version but the OPs deliberately failed to file the same and set experte on dt 30.11.2022 and  the same is allowed experte against the OPs.  Heard the complainant and perused and scrutinized the materials on record. On be half of the complainant the contents of the petition of complainant supported by affidavit and the document annexed there with was treated as evidence through affidavit ,it transpires to us that it is the duty of the seller after receiving the grievance from the complainant respond the same and should have turn to motion to rectify the fault or service rendered by him as complaint by the consumer. In the present case the seller does not take any step towards the complainant. Is treated as  unfair trade practice as well as restrictive trade practice  which amounts to deficiency in service.

          More over due to non-appearance  of the OPs does not free from their liability and admitted entire allegation of the complaint petition of the complainant and the same is allowed experte against the OPs. As such our though full consideration is in favour of the complainant who deserves the remedies. Hence order.

                                                                    ORDER

                The OP1 and OP2 both are directed to pay the complainant a sum of Rs.26,000/- @ 9 % interest P.A. towards the cost of washing Machine from the date of purchase Rs.20,000/- towards mental agony and Rs.1,000/- towards litigation expenses within one month from the date of order failing which the entire amount should be paid by the OPs @ 12 % P.A from the date of filing of the case till realization . OP1 get liberty to take the defective product.

                No award as to cost.

PRONOUNCED IN THE OPEN COMMISSION TODAY I.E DATED  24^th      DAY OF FEBRUARY’2023

                                                Sd/-                                                                                              Sd/-

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

                                         MEMBER.                                                                     PRESIDENT(I/C)