THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO.313/2017

Sukadev Sahoo, aged about 54 years,

S/o Manguli Sahoo, At – Tandal, PO – Kantabad,

PS – Begunia, Dist - Khurda

                                                                   ….     Complainant       

                     -Vrs.-

1. Shrachi BTLEPC Ltd., (Agro),
2.  

Through its Managing Director.

2. M/s Anusuya, At /PO – Mendhasal,

Dist – Khurda (Odisha), through its Proprietor.

….     Opp. Parties

For the complainant                :         Sri K.C.Prusty

For the O.Ps.                           :         Exparte

DATE OF FILING                  :         23/09/2017

DATE OF ORDER                 :         12/09/2022

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 12 of the C.P.Act, 1986.

2.       The complainant’s case in brief is that, he had a purchased a power tiller from the OP.2 who is the authorized dealer of the OP.1.  He paid a consideration amount of Rs.1,55,000/- for the said  power tiller. The said power tiller  was covered under warranty for six months. The OP.2 delivered the power tiller at the door step of the complainant. But when the complainant started using it, he found that the power tiller was not functioning properly. He informed the matter to the OP.2  who assured to send a mechanic  to look into the matter. But the OP.2 did not send any mechanic for which the power tiller was still lying  in the house of the complainant unused. Hence this complaint.

3.       On the other hand, the OPs did not appear in the case and were set exparte.

4        Perused the materials on record. The cash memo vide annexure -1 shows that the OP.2 sold the power tiller to the complainant on 08/07/2017 for a consideration amount of Rs.1,55,000/-. Although the warranty card has been submitted before this Commission, it has not been duly filled up. Be that as it may,  the cash memo clearly establishes that the OP.2 had sold the power tiller to the complainant.  It is submitted by the complainant that the power tiller  was not functioning and despite  intimation to the OP.2, he did not  remove the defects. There is no material on record to controvert the assertions made by the complainant. As it appears, the complaint bears merit.  Hence it is ordered.      

ORDER

The complaint is  allowed exparte against the OPs.  The OPs are jointly & severally  directed  either to replace the power tiller in question with a new  one  in proper working condition,  or in alternative,  refund the consideration amount of Rs.1,55,000/-  (Rupees one lakh fifty-five thousand) only  along with interest @ 9% per annum from the date of  filing of the complaint till the date of payment.   The OPs are further directed to pay a sum of Rs.5,000/-  (Rupees five thousand) only towards mental agony suffered by the complainant and a further sum of Rs.2000/-  (Rupees two thousand) only towards litigation expenses.  The  order be complied with by the OPs,  within a period of thirty days from the date of communication of this order,   failing which the complainant will be  at liberty to execute the order  against the OPs   in accordance with law.

The order is pronounced on this day the  12^th September,  2022  under the seal & signature of the President and Member  of the Commission.

                                                                                      (K.C.RATH)

                                                                                       PRESIDENT

 Dictated & corrected by me

               President                                                                                    

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                             

Transcribed by Smt. M.Kanungo, Sr.Steno