Orissa

Sambalpur

CC/87/2022

Birendra Naik - Complainant(s)

Versus

1. M/S Santosh Electronics - Opp.Party(s)

Sri. A.K.Mishra & Associates

25 Apr 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO.- 87/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Birendra Naik,

S/O-Ramakanta Naik,

At-Jujumura, Near-Jagannath Temple

Ps/Dist-Sambalpur-768105.                                               ……….......Complainant.

Vrs.

1. M/S Santosh Electronics

At-Main Road, Maneswar,

Sambalpur-768005, Odisha.

2. Whirlpool Consumer Care cell,

Whirlpool of India Limited,

28, NIT Faridabad, Haryana India-121001.

3. Whirlpool of India Ltd.

Whirlpool House, Plot No-40,

Sector-44, Gurugram-122002

Haryana, India. …....……….Opp. Parties

Counsels:-

1. For the Complainant         :-       Sri. A.K.Mishra, Advocate & Associates
2. For the O.P.s                       :-       Ex-parte

Date of Filing:21.11.2022,  Date of Hearing :20.03.2023  Date of Judgement : 25.04.2023

Presented by Dr. Ramakanta Satapathy, President.

1. The complainant purchased a Whirlpool Freeze Model No.21230 for Rs.25,000/- vide Bill No.517 dated 28.5.2022 from the O.P.No.1 and it was installed in his house . After two three months the freeze was not cooling properly and created unusal sound and after complaint before the O.P.No.1 the Service Engineer told that the freeze is damaged inside and insulation has not been made properly . The O.P.No.1 was informed for replacement as per advice within 7 days. The O.P.1 after 7 days when contacted he misbehaved the wife of complainant. After three/four days when the O.P.No.1 was contracted no any reply was given. On 12.9.2022 legal notice was served to the Opp. Parties but no any reply received. Being aggrieved the complainant filed this complaint.
2. The O.Ps after notice also did not turn up and set-exparte.
3. Perused the documents filed by the complainant whirlpool freeze Model No.21230Sr INA226721233 was purchased On 28.5.2022 for Rs.25,000/- from  M/S Santosh ElectronicsO.P.no.1. Advocate notice dated 12 9 2022 and registration receipts have been filed. The Service Engineer on dtd.8.8.2022 attended the complainant on service request, provided the service detail. As it reveals no and resolution has been made by the Service Engineer. After receipt of the advocate notice also the Opp. Parties remained silent which amounts to deficiency in service. Taking in to consideration the statement of the complainant and service report it can be concluded that there is manufacturing defect in the alleged freeze.

Accordingly, it is ordered.

                                                              ORDER.

 The complaint is allowed ex-parte against the Opp.Parties. The O.Ps are directed to replace the defective freeze with same specification and model within one month of this order. In case of non replacement the O.Ps shall be jointly and severally liable to pay Rs.25,000/- to the complainant for the harassment, deficiency in service. The O.Ps are liable to pay compensation of Rs.25,000/- and litigation expenses of Rs.5000/-.

Order pronounced in the open court on 25^th April, 2023.

                                      Supply free copies to the parties.