DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

                                                                                  C.C.NO. 88 OF 2022

                                                                              Date of Filing: 12.12.2022

                    Date of Order: 08.05.2023

Sri Rajat Pradhan, S/o- Biranchi Pradhan,

At-Masterpada near Kumar Tent House

PO/PS- Phulbani Town

District-Kandhamal                      …………………….. Complainant.

Versus.

1. The Dawntech Electronics Private Ltd.,

At- Amta Industrial Part, Amta Mouza,

Majukshetra, Kolkata, West Bengal, PIN-711401,

2. The Manager, M/s Samsung India Electronics Pvt. Ltd.,

Regd. Office at A-25, Ground Floor, Front Tower,

Mohan Cooperative Industrial Estate, New Delhi, 110044,

3. Jagannath Care, Authorized Service Centre,
4.  

District-Kandhamal.

4. Amazan Seller Service Pvt. Ltd., Ground Floor, EROS Plaza,

EROS Corporate Centre,

Nehru Place, New delhi-110019……….….. Opp. Parties.

Present: Sri Purna Chandra Mishra    - President.

                         Sri Sudhakar Senapothi          - Member.

For the Complainant:       Mr. Manoj Kumar Sahoo Adv. & Associates

For OP No. 4              :    Smt. Binapani Pradhan, Adv.

For O.P. Nos.1, 2&3  :    Mr. K.C.Mahapatra & Associates.

JUDGEMENT

Mr. Purna Chandra Mishra, President.

          Complainant Rajat Kumar Pradhan has filed this case u/s 35 of the CP Act-2019 alleging deficiency of service on the part of Opposite Parties for providing him with a defective washing machine and not repairing it in spite of repeated approaches and praying therein for direction to the Opposite Parties to replace the defective washing machine and pay a sum of Rs. 20, 000/- as compensation for mental agony and harassment.

1. Brief fact leading to the case is that the complainant booked one Samsung Washing Machine through online mode on 23.09.2022 for a consideration of Rs. 17,790/- through OP No. 4 and the machine was delivered on 01.10.2022. On 03.10.2022, the mechanic of the service center for Kandhamal came to his house for installation and operation. But, he found that the backside body of the machine to have been cracked and returned back with assurance to replace the damaged part with a new one. As it was not replaced, over a pretty long period, he filed this case before this Commission for reliefs discussed above.
2. After receipt of notice, the OP No. 1, 2 and 3 appeared through their Advocates and filed their written statement.
3. The OP No. 2 & 3 in their written statement stated that the product in question is manufactured by them and the case is not maintainable as the complainant has no genuine cause of action. The complainant has neither adduced any evidence nor submitted any material particulars so as to allege the washing machine is a defective one and the OP No. 2 and 3 have caused deficiency in service and committed unfair trade practice. The complainant also has failed to elaborately explain or produce any proof of harassment, mental agony and financial loss on his part. The Sumsung products are very carefully tested and the complainant had the option to return the product within 7-15 days’ time, if there is any defect in the products. In the instant case, the complainant has not returned the products even though he speaks of knowledge regarding the defect within two days from the date of receipt of the said product. It is further submitted that neither there is any defect nor the mechanic of the service center has advised him to replace the broken plastic cover. The complainant has never informed or lodged any complaint before OP No. 2 over his mobile phone. The complaint petition is silent in which way and which day, he informed/complained to OP No. 2. The complainant has falsely made this complaint with peculiar allegations against OP No. 2 and 3 without any proof and there is no cause of action and is intended only for illegal and unlawful gaining. So, they prayed for dismissal of the complaint petition with costs.
4. The OP No. 4 in his written statement stated that he provides e-commerce platform to the third party sellers for sale of their products. The independent third party sellers are responsible for their products sold in e-commerce market place and OP No. 4 is not involved or has any control over the sale transaction between the complainant and independent third party seller. As the complainant has not provided the transaction number, order ID, Registered Name, e-mail ID and Mobile number, it is not possible to file any exact reply on his complaint. So, he prays for direction to the complainant to provide the order number of the gift card, registered name, e-mail address and mobile phone number relating to the present case.  As a whole, he prays that he is exempted from any liability u/s 79 of the I.T. Act for which, he prays for dismissal of the case against him.
5. During the pendency of the case, the parties to the case i.e. OP Nos. 2 and 3 and the complainant settled the case with the condition that OP No. 2 will take back the damaged machine and will pay a sum of Rs. 20, 000/- to the complainant towards cost of machine and for cost and compensation. Accordingly, one draft of Rs. 20, 000/- was deposited in this Commission and the complainant received it with the condition that he has received the amount with full and final satisfaction and he will not raise any other claim   in future. But, the complainant after receiving the money could not provide the washing machine to OP No. 2 for which the case was posted to 27.03.2023 for handing over the machine. Even on 27.03.2023 even though the learned counsel for OP No. 2 and 3 came to this Commission to receive the machine, he did not return the machine and the OP No. 2 filed a petition for direction to the complainant to return the product in question. As the complainant did not return the washing machine in question, it gave rise to an order and hence the order.

O R D E R

The complaint petition is disposed of with a direction to the complainant to deposit the washing machine as per the description in para-1 of the complaint petition with all its accessories and packing materials within a period of 7 days from the date of receipt of this order failing which he will be liable to pay compensation of Rs. 200/- (Rupees two hundred) only daily till the order is complied. OP No. 2 is directed to receive the machine from this Commission forthwith on receiving intimation from the Commission.

                                                         Computerized & corrected by me.

    I Agree

     MEMBER                                                        PRESIDENT

Pronounced in the open Commission today on this 8^th May of 2023 in the presence of the parties.  

     MEMBER                                                        PRESIDENT