Orissa

Kendujhar

CC/28/2015

Lambodhar Swain - Complainant(s)

Versus

Ashok Ram - Opp.Party(s)

Sri M.K. Mahakud & Associates

27 Apr 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 28 OF 2015

Lambodhar Swain,

S/O- Chakradhar Swain, Village- Gumura,

P.O- Ghuturu, P.S- Kendujhar Town,

Dist- Keonjhar- 758018, Odisha                  ………………………Complainant

                         Vrs.

Ashok Ram, Proprietor Odisha Electrical works,

 N.H. 5, Gandhi Chhak, Kendujhar-758001

Tel-06755-255635                                         .....…………………..Op. Party

 

PRESENT: - Shri A.K. Purohit, President

                    Mrs B. Giri, MEMBER (W)

                    Sri S.C. Sahoo, MEMBER

Advocate for the Complainant- Sri M.K. Mahakud & Associates

Advocate for the Op- Sri R.K. Pati & Associates

_________________________________________________________________________________ 

Date of Hearing - 30.03.2016                                                                        Date of Order - 27.04.2016

Sri S.C. Sahoo, Member:

1. The brief facts of the case are that the Complainant has purchased a inverter charger light from Odisha Electrical Works located at N.H.6, Gandhi Chhak, Keonjhar at a total price of Rs.2851/- including VAT on dt.4.6.2015 vide money receipt No.5084. And the said Inverter Charger Light was defunct after 2 days use by the complainant. Then the complainant informed to the Opposite Party of such defunct Inverter Charger Light but the OP refused to remove defect of the said Inverter Charger Light and abused the complainant and denied to receive the defunct Inverter Charger Light for which the complainant suffered financial loss on purchase of the said Inverter Charger Light and hence this case,
2. After service of notice the OP appeared through his engaged advocate and filed version. In the said version the OP has stated that the present case is not maintainable and bad for misjoinder of unnecessary party since the present OP is not the proprietor of M/s. Odisha Electrical Works and there is no cause of action arised to bring this case and the present OP has ascertained from the Money Receipt of dt.4.6.2015 the proprietorship of the shop was not in the name of the OP, but stands in the name of Gopal Prasad Ram, S/o- Late Hari Ram, Proprietor of M/s. Odisha Electrical Works having TIN/SRIN No.21811400233 of dt.7.7.15 and further stated that the complainant has never disclose the defect in the said charger light and complaint made with this OP who has never denied him to repair the charger light is a false and concocted story narrated by the complainant. Hence there is no such defect/manufacturing defect in the product as alleged by the complainant and if the defect was inherent one then the complainant might have come to the OP for removal of defect or replacement of the said charger light as per clearly mentioned in the warranty card. Further the opposite party is always ready to render better and effective service to the costumer if the complainant brings the defect in time and comply the terms and conditions of warranty as made in the product documents supplied to the complainant. The present complaint filed is a vague, frivolous and fictitious complaint against this OP in order to tarnish the market reputation and goodwill of the shop. Hence the complaint be dismissed against this OP with awarding exemplary cost from the complainant.
3. Heard the learned counsels for the contesting parties and perused the   materials available in the record. It is not disputed by the OP that the charger light was purchased by the complainant vide M.R No.5084 dt.4.6.2015 at a cost of Rs.2851/- including VAT. The only dispute arise between the parties that the defect in the charger light could not be repaired/ removed by the OP and OP rather denied to receive the defect charger light for repair and abused the complainant is the only adjudication of the matter. The learned advocate for the complainant submitted that, since the charger light was found defect after two days of purchase could not be repaired by the OP since the product was warranted for a period of 6 months and the OP was liable to refund the price or exchange with another charger light. On the other hand the learned counsels for the OP submitted that the complainant has never came to the shop and made any complaint of specifically defect of charger light since the OP is always ready to render effective service to the costumer and further the counsel of the complainant submitted that the charger light later on given to the OP for repair of which has not yet done is the deficiency of service indulged by the OP.
4. Perused the materials available on record. Perused the bill and warranty issued by the OP. It is evident from those document that the complainant had purchased the charger light from the OP and the same became defective after use of two days and the same was handover later on to OP for repair or removal of defects in the said product and to this submission the OP has not produced any believable evidence either the affidavit evidence of the proprietor of the shop. With these evidence available on record it is believed that the charger light was not free from defects either in the charger light or in the battery of the inverter.
5. Coming to the point of liability the consumer has direct touch with the dealer and not with the manufacturer. The dealer is dealing with the consumer for the manufacturer of different brands of items/ accessories for which the manufacturer as well as the dealer both are jointly and severally liable and with this discussion and basing on materials on record repair/ removal of defect in the charger light or refund of price will meet the ends of justice.     

 

HENCE ORDER

The OP i.e. M/s. Odisha Electrical Works is directed to repair/ remove the defects in the charger light of the complainant delivered later on for repair to OP within 15 days and the OP shall obtained acknowledgement receipt from the complainant of repair of charger light failing which the OP shall refund the price of the charger light i.e. Rs.2851/- together with Rs.1000/- towards cost and compensation to the complainant within one month from the date of receipt of this order.               

          Accordingly the Case is disposed of.

 

                                                                  I agree                                             I agree                                                                           

     (Sri S.C. Sahoo)                              (Smt. B. Giri)                               (Sri A.K. Purohit)                 

           Member                                      Member (W)                                       President                               

 D.C.D.R.F Keonjhar                     D.C.D.R.F Keonjhar                       D.C.D.R.F Keonjhar

 

                                                                               Dictated & Corrected by me

                                                                                       (Sri S.C. Sahoo)                                                                                                            

                                                                             Member, D.C.D.R.F Keonjhar