Orissa

Cuttak

CC/104/2014

Sangram Kumar Mohanty - Complainant(s)

Versus

Chairman -Cum-Managing Director,Videocon Industries Limited - Opp.Party(s)

R K Pattanaik

08 Nov 2016

ORDER

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

                                                                                    C.C. No.104/2014

    Sangram Kumar Mohanty,

    At:Chahata Nagar,PO:Bidanasi,

    Dist:Cuttack.                                                                                    … Complainant.

 

                Vrs.

 

`1.           Chairman-cum-Managing Director,

Videocon Industries Ltd.,

14- Kms Stone,Aurangabad,

Paithan Road,Chitagaon,Taluq-Pithan,

Dist:Aurangabad.

 

2.            Manager,Customer Care Corporate Office,

Plot No.296,Udyog Vihar,Phase-2,

Gurgaon.

 

3.            Officer-Incharge,Videocon Service Station.

Office,Near Chintamaniswar Temple,

PO:Chintamaniswar,Bhubaneswar.

 

4.            Proprietor,

M/s. Raj Electronics, Cuttack Branch

Royal Tower,PO:Arunodaya Nagar,

P.S:Madhupatna,Dist:Cuttack.                                                              … Opp. Parties.

 

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   31.07.2014

Date of Order: 08.11.2016

 

For the complainant:          Mr. R.K.Pattnaik,Adv. & Associates.

For Opp.Parties.        :          None.         

 

Sri Dhruba Charan Barik,President.

                The complainant has filed this case against the O.Ps alleging therein deficiency in service on their part and following unfair trade practice with a prayer to grant appropriate relief to him in the interest of justice.

1. Case of the complainant stated in brief is that on 17.8.12 he purchased a Videocon washing machine bearing Model  No.WMVS76RSGL GREY LIGHT  on 17.8.12 on payment of Rs.9,500/-  vide INVOICE No. RICI469 dt.17.8.12 from O.P.4 for his domestic use.  Annex-1 is the copy of the said invoice.  After some days of such purchase, the said washing machine developed some technical problems and unusual sound was coming out of the machine while it was put to use.  Such unusual sound even increased day by day.  He intimated this fact to the O.P.4 and on the advice of the latter, contacted O.P.3, the authorized service centre and lodged a complaint with him for removal of such defects.  There was no immediate response from O.P.3.  The matter was delayed for about 1 ½ years.  Lastly the technical persons of the O.P.3 came to the house of the complainant and examined the said washing machine and replaced its gear box.  Annex-2 is the copy of the job card issued to those technical persons of O.P.3.  It is important to leave a mention here that despite such repair, the said washing machine did not function properly and it was further noticed that there was leakage of water from the said machine.  The misery of the complainant was thereby multiplied rather than being solved by the technical persons.  Such defect with the machine was noticed within the warranty period of 2 years.  Annex-3 is the copy of the warranty card supplied to the complainant.
2. The complainant being dissatisfied with the quality of functioning of the said washing machine and also the latches on the part of the O.Ps especially  O.Ps 3 & 4,  issued a lawyer’s notice on 15.7.2014 calling upon them to compensate him and also provide necessary service by competent technical persons to make the washing machine operational.  Annex-4 is the copy of the said lawyer’s notice issued to the O.Ps.
3. It is stated that even after receipt of Annex-4, the O.P did not respond to it.  The activities of the O.Ps are therefore tantamount to deficiency in service and unfair trade practice for which the complainant has filed this case seeking appropriate remedies.
4. It is therefore prayed that the O.Ps may be directed to refund Rs.9,500/- received towards cost of this defective washing machine with interest @ 9% per annum together with compensation of Rs.50,000/- and litigation cost of Rs.10,000/- totaling Rs.69,500/- to him in the interest of justice.
5. The O.Ps have not filed written version of their case nor participated in the proceeding.  As such they were set exparte.
6. We have gone through the case record and verified the Annexures filed on behalf of the complainant.  The O.Ps are found deficient in rendering service to the complainant as well as following unfair trade practice.  The prayer of the complainant is allowed exparte.

                                                                                    ORDER                                

The O.Ps are directed to take back the defective Videocon washing machine bearing Model No.WMVS76RSGL GREY LIGHT and to refund the cost of the same amounting to Rs.9,500/- together with interest @ 9% per annum from the date of purchase till the date of realization as well as litigation cost of Rs.5000/- to the complainant within 45 days of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 8^th  day of November, 2016 under the seal and signature of this Forum.

                                                                                                                                    (   Sri D.C.Barik )

                                                                                                                                         President.

                                                                                                                                     (Sri B.N.Tripathy )

                                                                                                                                             Member.

                                                                                                                                (Smt. Sarmistha Nath)

                                           Member(W)