Orissa

Cuttak

CC/199/2014

Arun Kumar Sahoo - Complainant(s)

Versus

Jajati Keshari Burma - Opp.Party(s)

Self

06 Jan 2017

ORDER

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

C.C No.199/2014

Arun Kumar Sahoo,

Vill:Barimul,PO:Barithengarh,

P.S:Badachana,Dist:Jajpur.                                                             … Complainant.

 

Vrs.

1.        Giridurga Distributor,

Owner’s Name:Jajati Keshari Burma,

Vill: 14, Industrial Estate,

​                  PO:Madhupatana,Dist-Cuttack

 

2.        Manager/H.O.D,

KisanKraft Machine Tools Pvt. Ltd.,

Sri Huchhanna Towwer,#4,1^st Main,7A Cross,

Maruthi Layout,Dasarahalli,H.A.F Post Office,

Hebbal, Bangalore-560024(Karnataka),India.                            … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    31.12.2014

Date of Order:  06.01.2017

 

For the complainant:     Self.

For the O.P No.1.       :   Mr. U.C.Mohanty,Adv. & Associates.

For the O.P No.2:             None.

 

 

Smt. Sarmistha Nath,Member(W).

 

The complainant being a consumer has filed this complaint before this Forum against the O.Ps for Redressal of his grievances under the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to defects in the goods purchased by him and deficiency in service provided and unfair trade practice adopted by the O.Ps.

2.            Case of the complainant in brief is that on 15.03.2013, the complainant purchased a mini inter cultivator (Model KKIC-8626) from Giri Durga Distributors.  After 3 months it suddenly stopped working.  The said distributor repaired the machine and charged Rs.1900/- during warranty period.  When the complainant objected, the distributor advised him to contact the Company/manufacturer.  The company asked him to send the defective spare parts on the promise to provide a new one or repair the same if it is defective.  He paid Rs.1800/- to the distributor.  But even after repair, the machine did not function.  The distributor time and again repaired the machine but it did not function.  The Company assured to provide service but in vain and the distributor refused to refund the amount of Rs.1800/-.  He brought the above facts to the notice of the Company.  The company deputed a mechanic, who checked the machine and opined that though the machine is emitting smoke but it is not harmful and again he will come to rectify the defects.  Thereafter the company assured to refund 50% of the amount paid by the complainant and the rest 50% will be refunded by the distributor.  Subsequently the company told the refund only Rs.450/- and the balance amount of Rs.1400/- will be refunded by the distributor.  But on some plea or the other, the amount was not refunded to him.  That apart the complainant who had undertaken Banana Cultivation also suffered financial loss due to the non-functioning of a defective machine.

3.            The O.P in its objection denied the charges and the plea of the O.P is that due to mishandling of accelerator the carburetor was not working properly and no warranty was given or any spare and the machine as a whole.  The further case of the O.P is that the O.Ps had never assured to refund the money and the allegation is completely false.

4.            During the course of hearing the matter was compromised between the parties and it was agreed between the parties that the O.P will pay Rs.2000/- towards the cost of the carburetor and conveyance and the complainant would withdraw the case.

5.            As per  terms of the agreement the O.P  paid Rs.2000/- to the complainant through his advocate and the complainant after receiving the said amount filed a memo stating therein that he has already received the amount and he does not want to proceed with the case.

6.            We have heard both the parties, went through the record and found that since the complainant has already received the agreement amount and does not want to proceed with the case, the case is dropped as not pressed.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 6^th   day of January,2017 under the seal and signature of this Forum.

 

                                     ( Smt. Sarmistha Nath )

                                            Member (W)                                                                                                                                                                                                                                                                                                                                                                              

.

                  (Sri D.C.Barik)

                                                                                                                                    President.

 

 

                                                                                                         (Sri B.N.Tripathy )

                                                                                                                                  Member