Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(3) Anil Kumar Singh
Member
Date of Order : 17.07.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party no. 1 to repair free of cost or refund Rs. 50,000/- with 12% interest from the date of loss till final payment.
- To direct the opposite parties to pay Rs. 10,000/- as Compensation.
- To direct the opposite parties to pay Rs. 3,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased a product from opposite party no. 1 after paying Rs. 59,900/- vide annexure – 1 as the aforesaid product is under warranty and the same has been deposited with opposite party no. 2 for repairing.
It is the grievance of the complainant that opposite party no. 2 has demanded Rs. 45,000/- for repairing the goods although the goods is under warranty period.
It appears from the record that when the registered notice sent to the opposite parties did not return unserved then valid tamila was declared vide order dated 30.01.2018 and sufficient opportunity were allowed for filing written statement. When the opposite parties did not filed written statement then they were debarred from filing written statement and this case was heard ex – parte.
It goes without saying that as the aforesaid facts have been asserted by the complainant on oath and there is no counter version of the opposite parties, hence, we have no option but to rely on the fact stated by the complainant in this complaint which clearly discloses deficiency on the part of opposite parties.
From annexure – 2 it appears that the said product is with opposite party no. 2 and opposite party no. 2 is agency of opposite party no. 1.
Hence, we direct the opposite parties to repair the product to the satisfaction of the complainant as per terms of warranty and had over the same to complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay Rs. 50/- per day till the redressal of grievance of the complainant.
Opposite parties are further directed that if the repair of the product is not possible to the satisfaction of the complainant, then the opposite parties will have to return the entire price of the product contained in annexure – 1 ( i.e. Rs. 59,900/- Rs. Fifty Nine Thousand Nine Hundred only) within the aforementioned period failing which opposite parties will have to pay interest of 12% on Rs. 59,900/- ( Rs. Fifty Nine Thousand Nine Hundred only) till the final payment is made to the complainant.
Opposite parties are further directed to pay Rs. 2,000/- ( Rs. Two Thousand only ) to the complainant by way of compensation and litigation cost within the period of two months.
Accordingly, this complaint stands allowed to the extent referred above.
Member President
