Date of filing:- 08/06/2021.

                                                                                                    Date of Order/Judgement:-21/03/2023.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,

B A R G A R H.

Consumer Complaint No. 30 of 2021.

                  Mr. Akhil Mittal, R/o. Milan Vihar, NH.6, Bargarh, Odisha 768028.             

Complainant.

V e r s u s

Atomberg Technologies Pvt. Ltd, Plot No. 130B, TTC Industrial Area Shirawane navi Mumbai, Maharastra 400614.

                                                                                                       Opposite Party.                         

Counsel for the Parties:-

For the Complainant :-      :- Self.

For the Opposite Party:-    :- Exparte.

                                                -: 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.21/03/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agarwal,  Member (w):-

1. The Case of the Complainant is that the Complainant has purchased a product from the Opposite Party one Gorilla Wall Mounted 5 star Rated Super Energy efficient Fan with BLDC Motor (colour white) bearing serial no. F19AaW00107 from the official website/application of the Opposite Party Company having GSTIN21AYUPM7674C1Z4 vide order ID 50004 on Dt. 14/06/2019. The Complainant had paid an amount of Rs. 2890/-(Rupees two thousand eight hundred ninety)only for the said product as per the Invoice being No. AB16-17/OL/7639  and the said product came with a comprehensive 3 year warranty over the whole product. That the aforesaid product after using for a year, the  neck part of the said product went damaged and when the Complainant informed the Opposite Party about the said damaged part, the  Opposite party refused to provide the Complainant with a replacement for the said damaged part of the product. That, the Complainant had repeatedly made several request to the company for the said replacement but the Opposite Party asked the Complainant to pay on amount of Rs.1795/-(Rupees one thousand seven hundred ninety five)only and a new similar product will be provided. That the Complainant being harassed filed this Complaint before this Commission.
2. Notices has been sent to the Opposite Party but the Opposite Party did not appear before this Commission and hence the Opposite party is set exparte on Dt. 13/12/2022.
3. Perused the documents filed by the parties and following issues are framed.

ISSUES

1. Whether the Complainant is a Consumer of the Opposite Party?
2. Whether the Opposite parties is deficient in  service ?
3. What relief the Complainant is entitled to get ?

Issue No.1.

            The Complainant purchased one Gorilla wall mounted 5 star Rater Super Energy efficient Fan with BLDC Motor bearing Serial No. F19AaAW00107 from Opposite party company having GSTIN21AYUPM7674C1Z4 vide order No. 50004 on Dt. 14/06/2019 by paying Rs. 2,890/-(Rupees two thousand eight hundred ninety)only. Hence, the Complainant is the Consumer of the Opposite party.

Issue No.2.

            The Complainant purchased the aforesaid fan bearing S/.No. F19AaAW00107 on Dt. 14/06/2019 vide Order No. 50004. The said Fan was under warranty of 3 Years. Meanwhile after a year the neckpart of the aforesaid fan got damaged. The Complainant requested to replace the said part. A Complaint was also addressed via Grievance No. 2418352 on Dt. 01/12/2020 to the Opposite party via mail  legal notice was also sent to the Opposite party on Dt. 14/04/2021. The Opposite party after due receiving the notice put a deaf ear and did not come forward to replace the aforesaid Fan. It is the duty and responsibility of the Opposite party to replace the defective part when the product is within the warranty period. Hence there is deficiency in service on the part of the Opposite Party towards the Complainant in not replacing the damaged part of the Fan or replacing the same with new one or refund the cost of the Fan.

Issue No.3.

            As discussed SUPRA, the Complainant is entitled for the relief claimed. The Opposite Party is liable for deficiency in service by not providing service to the Complainant to replace the damaged part of the aforesaid Fan within the warranty period.

  Accordingly it is ordered.

O R D E R

The Complaint is allowed exparte against the Opposite Party. The Opposite party is directed to replace the said damaged  fan with a new one or refund the cost of the fan i.e. Rs. 2,890/-(Rupees two thousand eight hundred ninety)only with 9% interest per Annum from the Dt. 01/12/2020 till realization to the Complainant within 30 days from date of this Order. Further, the Opposite party is directed to pay Rs. 5000/-(Rupees five thousand)only compensation for harassment and Rs.2000/-(Rupees two thousand)only toward litigation expenses. Failing which the entire amount will carry 12% interest Per Annum till realization.

Order pronounced in open court on  21^th day of  March 2023.

            Supply free copies to the parties.

      Typed to my dictation

                                                                                          and corrected by me.                                                                                           

               I  agree/-                                                                       

      ( Smt. Jigeesha Mishra)                                                               (Anju Agarwal)

              Dt.21/03/2023                                                                         Dt.21/03/2023.

              P r e s i d e n t                                                                        M e m b e r  (w)

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