MR. BIBEKANANDA DAS, MEMBER:-
This C.C.Case No. 39/2022 is taken up today for order. This C.C.Case filed U/S-35 of C.P.Act 2019. The Complainant purchased one double door Refrigerator from Op No.3, manufactured by OpNo.1 & 2. The Complainant purchased on 05.09.2021 & the defect arosed in May-2022 as per pleading it was within one year the defect arosed. The Op No.3 opined to mail customer care of OpNo.1 & 2 then the authorized technician inspected the equipment and opined about defect in the sensor when the same was replaced, the technician said the equipment had manufacturing defect and the same intimated to Op No.1 & 2 through e-mail on dt. 29.5.2022 & 30.5.2022(copy annexed herewith). When the same grievances not redressed by the Ops the Complainant served lawyer’s notice on dt. 18.06.2022 through Regd. Post with tracking report to exchange the same equipment but the Ops neither took step to remove the defect nor replaced the same. Being aggrieved by such defect, deficiency, unfair trade practice by the Ops, the present C.C.Case filed with prayer to this Commission to redress the same.
We heard the Ld. Counsel for the Complainant Adv. Ramesh Prassad Lenka and gone through the complaint petition, perused the purchase invoice, tracking report e-mail to Op No. 1& 2 on dt. 29/30th may, 2022. So also this Commission notice, tracking report produced by Complainant. The Ops duly served with this Commission’s notice but did not appear when the case posted to 8 times.This Commission can’t wait to the sweet will of the Ops to file their written version as per mandate of C.P.Act-2019, this Commission should dispose off the C.C.Case within 90 days. But we found nearly more than 4 months already passed and Ops failed to file their written version. As a result the Ops are set ex-parte.
This Commission considering the factual aspects of the C.C.Case, the Ops are liable for their defective product U/S-2(10) of C.P.Act, 2019 and non-removal of defect is also a deficiency U/s-2(11) of C.P.Act, 2019 so also the Ops are liable U/S-2(35) of C.P.Act, 2019 because the Op No. 1& 2 are product manufacturer U/S-2(36) of C.P.Act, 2019. Op No.3 is the product seller U/S-2(37)of the Act and all the Ops are liable under Sec-2(38) of C.P.Act,2019 as product service provider and the same practice are unfair trade practice. All the Ops are jointly and individually liable for their defective product & deficiency in service, for which the Ops are responsible for equitable relief in favour of Complainant.
O R D E R
It is directed that the Ops shall remove the defect within two weeks from the date of receipt of this order & also file a satisfaction report from the Complainant in this Commission, failing which the Ops shall replace the defective refrigerator with a new one, with the same specification. All the above exercise shall be complied within a period of one month, failing which the Complainant is at liberty to file execution proceeding as per the C.P.Act, 2019.The C.C.Case is allowed.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 31st day of January,2023.
I agree,
Sd/- Sd/-
PRESIDENT MEMBER
