MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed the C.C.Case No. 130/2023 U/s-35 of C.P.Act, 2019 seeking replace of defective Thermo Flask or refund of amount, compensation of Rs. 25,000/- for mental agony, deficiency in service and cost of litigation.
The brief fact of the case is that the complainant who is a tea shop owner and earning his livelihood purchased a Milton Thermo Flask, steel body of 3 liter on dt. 28.09.2022 vide receipt No. 866 on payment of Rs. 2850/- from Op No.2.
The Thermo Flask could not keep the tea in heat condition for which he faced the anger of customer, sustained loss in business. The Advocate for complainant submitted that he is ready to demonstrate the Thermo Flask that it is not keeping heat for which he wants to exchange/return the flask and get a new one or return the cost of the same as it has defective vacuum system resulting which it is not keep the temperature in order.
Notice to Ops were sent by Regd. Post on dt. 07.10.2023 but nobody appeared from both Ops or filed any written version for which we have accepted the facts stated in the Consumer Complaint to be correct as none of the Ops choose to defend the case and as such they set ex-parte.
Complainant has offered to verify the Thermo flask if it will sent for expert opinion it may exceed the cost of Thermo Flask. In absent of Ops we have no option than to accept the averment and submission made by the Complainant. We therefore held that Ops have committed deficiency in service & adopted Unfair Trade Practice as defined U/s-2(7) & 2(47) of C.P.Act,2019 by not exchanging, repairing the above said product.
We therefore direct the Ops replace the Thermo Flask with a new one of same model and if the same model is not available, refund the cost of the same to the Complainant within a period of 45 days, failing which to the Ops shall be liable for execution proceeding as per C.P.Act, 2019. We also impose cost of Rs. 2,000/- towards mental agony & harassment and business loss and Rs. 1000/- towards cost of this litigation.
With the aforesaid observation & direction the C.C.Case No. 130/2023 is allowed and accordingly is disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 6th day of March,2024.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
