Date of filing:- 04/11/2015.

Date of Order:- 26/07/2017.

DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)

B A R G A R H.

Consumer Complaint No. 62 of 2015.

Shiv Kumar Sharma, age 53(fifty three) years, son of Late Khemchand Sharma, Resident of Ward No. , Near Ganapati Hotel, Bargarh, Po/Ps/ Dist. Bargarh.

..... ..... ..... Complainant.

• V e r s u s -

1. Chandan Brothers, Canal Avenue, Near Gosala, Bargarh, Po/Ps/Dist. Bargarh.

2. Godrej Service Centre, Bhubaneswar, 181-183, Rasulgarh, Kalaraput, National High Way, Bhubaneswar-751010.

3. Kankei Relationship Marketing Service Private Limited, B-301, Dipti Classic, 32/34 Suren Road, Andheri (E) Mumbai-400093.

   ..... ..... ..... Opposite Parties.

Counsel for the Parties.

For the Complainant:- Sri G.Meher, Advocate with other Advocates.

For the Opposite Parties:- Ex-parte.

-: P R E S E N T :-

Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.

Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.

Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r(w).

Dt.26/07/2017 -: J U D G E M E N T :-

Presented by Sri P. K. Dash, Member:-

The Complaint pertains to deficiency in service enumerated under the provision of Consumer Protection Act 1986 and brief fact of the complaint is following here under :-

That as revealed from the complaint, the Complainant had purchased a Godrej Double Rust Free Refrigerator bearing Model No. GFE 28 D, Sl. No. 0611000224 of Metalic Champion Colour from Opposite Party No.1(one) paying the cost of Rs.16,900/-(Rupees sixteen thousand nine hundred)only on Dt.23/02/2007. That the Opposite Party No.1(one) assured the Complainant that the refrigerator purchased by him is Rust free and if any rust is found with in 10 (ten)years of purchase, the same will be replaced. That after one year of use the Complainant found the refrigerator beginning to affected with rust and when this fact is brought to the knowledge of the Opposite Party No.1(one) he told the Complainant to wait for some time. There after the Complainant repeatedly agitated the matter before the Opposite Parties to remove the defect or to replace the refrigerator but the Opposite Parties deferred the matter with false promise and when the Complainant for the last time on Dt.11/09/2015 complaint the matter before the Opposite Parties, they did not respond to him and the Complainant having no way out, registered the Complaint before the Forum.

Further part of complaint reveals that such act of Opposite Parties is negligence in rendering consumer service to the Complainant for which the Complainant suffers mental agony and physical harassment. The Complainant therefore seeks the direction of the Forum to direct the Opposite Parties to replace the refrigerator with a new workable one or in alternative the prevailing cost of the Refrigerator and compensation of Rs.50,000/-(Rupees fifty thousand)only towards harassment suffered by the Complainant and Rs.10,000/-(Rupees ten thousand)only towards litigation expanses to the Complainant.

The Complainant in support of his contention relied upon the copy of the following documents :-

1. Xerox copy of sale invoice (1 sheet)

2. Xerox copy of warranty card (1 sheet)

3. Affidavit filed by the Complainant. (2 sheets).

4. Photograph of the alleged rust affected refrigerator. (2 sheets)

Being noticed the Opposite Parties neither appeared nor filed any version before the forum, rather the Opposite Party No.3(three) by his letter Dt.01/02/2016 has denied his liability in the dispute and the Forum vide its order Dt.25/07/2016 directed the Opposite Party No.3(three) to appear before the Forum personally and accordingly he was noticed vide Notice No. 447 Dt.08/11/2016 but he failed to comply the order of the Forum. Hence all the Opposite Parties are set ex-parte in this Complaint and the Complaint is posted for ex-parte hearing.

Heard argument of the advocate for Complainant, perused the complaint petition and documents available on record, the only point accrued to be adjudicated in this case is whether the Opposite Parties are liable for negligence in rendering service to the Complainant.

In answering to this, the sale invoice Dt.23/02/2007 issued by the Opposite Party No.1(one) infavour of the Complainant reveals that the Complainant has purchased the alleged refrigerator paying the cost of it. The warranty card at its back side mentioned as customer copy part -A clearly reveals that the refrigerator purchased by the Complainant from the Opposite Party No.1(one) is covered under Rust Protector Plan for ten years from the date of purchase and the Complainant is well with in the warranty period. The photographs of the alleged refrigerator further reveals that the refrigerator is now rust affected and the Complainant has also filed an affidavit evidencing his contention of the complaint. In contrary for the rebuttal of the allegation of the complaint non of the Opposite Parties choose to appear before the Forum which strengthen the allegation of the complaint against them and also prove their arbitrariness to the innocent customers who have paid their hard money to them for purchasing the goods. In view of the discussion made above the Opposite Parties thus liable for negligence in rendering service to the Complainant which the Forum unanimously comes to a conclusion and order as follows:-

-: O R D E R :-

The Opposite Parties are jointly and severally directed to replace the refrigerator with one new refrigerator of same make and model with good working condition and in alternative to pay the cost of the refrigerator as per present market value of the model of the refrigerator to the Complainant and also further directed to pay compensation of Rs.5,000/-(Rupees five thousand)only towards mental agony, harassment and litigation expenses within thirty days of this Order failing which the present cost of the refrigerator will bear interest @10%(ten percent) per annum till the actual date of realization of entire amount from the Opposite Parties.

The Complainant is directed to return back the rust affected refrigerator to the Opposite Parties on the date of receiving the new refrigerator or cost of the refrigerator.

The Complaint is allowed and disposed off accordingly.

Typed to my dictation

and corrected by me.

       (Sri Pradeep Kumar Dash)

                 M e m b e r.

                       I  agree,                                       I  agree,

           (Ajanta Subhadarsinee)                     (Sri Krishna Prasad Mishra)

                    M e m b e r.                                      P r e s i d e n t.