Orissa

Cuttak

CC/66/2020

Sova Dash - Complainant(s)

Versus

Bengal Speech and Hearing Pvt Ltd - Opp.Party(s)

S Pattanaik

12 Apr 2021

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,   CUTTACK.

                                                          C.C. No.66/2020

                       

 Sova Dash,

 W/O:Kamal Kumar Mishra,

 Teacher, Saraswati Sishu Bidya Mandir,

 Madhusudan Nagar,Jajpur Road,

 Dist:- Jajpur.                                                             … Complainant.

 

                                    Vrs.

 

                                               

1.        Bengal Speech and Hearing Pvt Ltd,

11/1/1,Sultan alam road,Ground Floor,

Near Rabindra Sarobar Metro Station,

Kolkata-700033,West Bengal.

 

2.        Hearing plus,Mangalabag Station Road,

Above VIP showroom,

Opposite Bagh Mangala Temple,

Po-Mangalabag,Dist –Cuttack-753001… Opp. Parties.

 

Present:           Smt. Sarmistha Nath, President (I/C).

                        Sri  L.N.Das Choudhury,Member.

 

Date of filing:  02.09.2020 

Date of Order: 12.04.2021

 

For the complainant      :   Mrs. Susmita Pattnaik and associates.

For the Opp.Parties       :   None.

 

Smt. Sarmistha Nath,President(I/C).

1. The case of the complainant in brief is that the complainant purchased two sets of hearing aid  machine form opposite party no 2 by payment of Rs 50,000/- on 26^th and 27^th july,2019 .Photocopies of invoices are attached as  Annexure 1,2 and 3 series. On the next day of purchasing  of the said product, it stopped working properly, caused severe ache in ear and showed problems in hearing and communicating. The complainant informed the OP2 regarding defects in the product but the OP2 advised the complainant to keep using it for some time and if, even then the product won’t work properly then they will exchange it. Photocopy of warranty card is attached as Annexure-4. But the product kept showing the same problems, so the complainant went to the counter of OP2 but found it to be closed. The complainant and her husband reiterated the OP2 via email and phone  but no response came from OP2.Photocopies of e-mails dated 25.11.2019 at 12.21 PM,25.11.19 at 12.30PM, 3.12.19 and 5.01.2020are attached as 5,6,7 and 8  respectively. Again on 19.2.2020 the complainant sent a letter to OP1 , which is the registered office located at Kolkata and also to OP2.Photocopy of the petition dated 19.2.2020 and 2 postal receipt are attached as Annexure -9 and 10 respectively. The complainant has prayed before the Forum to direct the OPs to return to the complainant an amount of Rs 50,000/-with interest and Rs 4,50,000/- towards compensation of all loss and damages caused
2. Though the OPs 1and 2 have received notice but did not appear, so they were set exparte.
3. We have heard from the learned counsel  of the complainant and gone through the case record and documents and found out that the complainant had bought a pair of hearing aids from the OP2 on payment of Rs 50,000/-  which stopped working properly  the very next day of purchasing it. Even though the complainant and his husband approached the OPs several times through email and phone but no action were taken by the OPs to rectify the defects of the product nor did the OPs exchange the said defective product. Since the OPs did not participate in the hearing, we conclude that they have nothing to say  in their favour and we are constrained to believe the uncontroverted  statement of the complainant .We are of the considered view that the OPs 1 & 2 have adopted unfair trade practice and the complainant has suffered from mental agony for which they are jointly and severely liable for the same.

 

                                                                                                ORDER

                        The case of the complainant is allowed exparte against OP no 1 & 2 and they are directed to refund the entire amount of the product along with 6% interest p.a till payment is made and Rs 1,50,000/- as compensation to the complainant  within a period of 45 days from the date of receipt of this order.

                        Typed to dictation, corrected and pronounced by the Hon’ble President (I/C) in the Open Court on this the  12^th   day of April,2021 under the seal and signature of this Commission.

 

Smt. Sarmistha Nath

                                                                                                    President (I/C)

                                                                                

 

Sri L.N.Das Choudhury

Member.