Date of filing:- 03/09/2022. Date of Order/Judgement:-18/09/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 26 OF 2022.
Smt. Rita Desai, W/o. Devesh Desai, aged about 56 years, At. Ward No.12, College Road, P.s. Bargarh Town, Dist. Bargarh, Pin. 768028 (Odisha).
Complainant.
-: V e r s u s :-
(1) The Proprietor, Patra Electronics, Plot No. 1377/9692, 1378/9693, Bandutikra Chowk,
Near Sai Krishna Palace, Bargarh 768028, Odisha.
(2) The Managing Director, Bajaj Electricals Ltd, 45/47, Veer Nariman Road,
Mumbai 400001.
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri Pradeep Kumar Mahapatra, with Associates.
For the Opposite Party No.1 and 2:- :- Exparte.
For the Opposite Party No.2:- :- Sri Ramachandra Panigrahi, Advocate with Associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.18/09/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The Case of the Complainant is that the Complainant6 had purchased on Bajaj Gas Stove MAJESTYCGX3 ECO set bearing No. J100102031748 from the Opposite Party No.1 by paying Rs. 4000/-(Rupees four thousand)only on 19/02/2021. The Opposite Parties have provided two years of warranty on the Gas stove. After five months of use defect occurred in the Gas stove i.e. Leakage of gas from the Gas stove. On 14/07/2021 the Complainant lodged Complaint before Opposite party No.1. Opposite Party No.1 contacted with the service personnel of Opposite Party No.2 and deputed personnel to the house of the Complainant for repair of the Gas stove but the deputed personnel could not able to rectify the defect. Thereafter Opposite Party No.1 replaced the gas stove with an another one bearing sl No. J100112033199 but that gas stove also having the same defect. The Complainant submitted written Complaint vide letter Dt. 28/07/2021 to the Opposite Party No.1 which was received on 29/07/2021. But instead of providing any service to the Complainant, the Opposite Party No.1 instructed the Complainant to submit the Gas stove in his shop for repairing. Accordingly on 02/08/2021 the Complainant handed over the Gas to the Opposite party No.1. The Gas stove is with the Opposite Party No.1. After receipt of Gas Stove the Opposite Party No.1 remained silent. Hence the Complainant filed this case before this Commission.
- The case of the Opposite Parties is that Opposite Party No.2 filed its version. Opposite Party No.1 did not file its version. Sufficient Opportunity has been given. But Opposite Party No.1 did not turn up. Hence Opposite party No.1 is set exparte. The Opposite Party No.2 submitted that the Opposite Party No.1 has already replaced the alleged defective product when the Complainant lodged a Complaint. Further the Opposite Party No.2 submitted that the Complainant left the alleged defective product at the distributor point which is still in working condition. The Opposite Party No.1 agreed to replace the product and even offered refund of the invoice value, but the Complainant refused to accept. Hence there is no deficiency on the part of the Opposite Party and Opposite Party No.2 prayed for dismissal of the case.
- Perused the Complaint petition and version and documents filed by the parties and following issues are framed:-
ISSUES:-
- Whether the Opposite parties are deficient in service ?
- What relief the Complainant is entitled to get ?
Issue No.1.
The Complainant purchased one Bajaj Gas Stove MAJESTYCGX3 ECO on 19/02/2021 from Patra Electronics, Bargarh. The Complainant submitted invoice of Patra Electronics. As per the bill the Complainant paid Rs. 4000/-(Rupees four thousand)only to the Patra Electronics. The Complainant also submitted warranty card. The Gas stove which the Complainant purchased from Patra Electronics had a two years warranty. The defect occurred within warranty period. It was the duty of the Opposite Parties to repair the product. The Opposite Party No.1 first time repaired and replace the gas stove. But second time when the Complainant handed over the gas stove to the Opposite Party no.1, they did not take any step to repair and remained silent. The Opposite Party No.1 prepared a letter containg seal and signature to refund the money of Rs. 4000/-(Rupees four thousand)only. But the Opposite party No.1 did not refund the money. The Opposite Parties neither repaired the gas stove nor refund the money which amounts to deficiency in service on the part of the Opposite Parties.
The issue is answered accordingly.
Issue No.2.
For deficiency in service of the Opposite Parties the Complainant is entitled to get relief. The issue is answered accordingly.
As per supra discussion the following order is passed.
O R D E R
The Complaint is allowed on contest against Opposite Party No.2 and exparte against the Opposite Party No.1. The Opposite Parties are directed to refund Rs. 4000/-(Rupees four thousand) only to the Complainant within one month from this Order. Further the Opposite Parties are directed to pay Rs. 20,000/-(Rupees twenty thousand)only compensation for harassment and mental agony and Rs. 5,000/-(Rupees five thousand)only for litigation expenses to the Complainant. Failing which the entire amount will carry 12% interest P.A. till realization.
Order pronounced in open court on this 18th day of September 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal) (Jigeesha Mishra)
Dt.18/09/2023 Dt.18/09/2023.
M e m b e r (w) P r e s i d e n t
