Orissa

Cuttak

CC/120/2016

Rina Rath - Complainant(s)

Versus

Manager,Great Eastern Appliances Pvt Ltd - Opp.Party(s)

Self

27 Feb 2017

ORDER

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

C.C No.120/2016

Rina Rath,

Plot No.1C/25, Sector-VIII,CDA,Cuttack.                                  … Complainant.

 

Vrs.

Manager, GREAT EASTERN Appliances Pvt. Ltd.,

Plot No.B/1373,Sector-6,C.D.A,Cuttack,

Cuttack.                                                                                        … Opp. Party.

 

Present:   Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    26.09.2016

Date of Order:  27.02.2017

 

For the complainant   :    Dr. Sunil Kumar Rath.

For the O.P .                 :   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 her 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 her and deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in brief is that the complainant has purchased an LED 32” LG TV bearing model No.LG32LH578D and Sl. No. S/N-6606PLLQ040200 on 23.9.2016 and paid the full cost of the TV amounting to Rs.25,800/-(twenty five thousand eight hundred) only through debit card transaction of Dr. Sunil Kumar Rath bearing Card No.6072642483517420 of Central Bank of India.
2. After installation of the T.V by the customer executive petitioner found that the product is damaged and defective on 24.9.16 at about 10 A.M., the complainant approached the O.P to either exchange the T.V with a different product or refund the amount paid by her but the O.P did not respond and demanded another Rs.6000/-  to replace the products.  The O.P though entered appearance but did not file written version and was set exparte and did not participate in the hearing.
3. We have heard the learned counsel for the complainant and gone through the case record and documents and found that the complainant has approached the O.P but O.P has neither rectified the defects nor replaced the defective set with a new one or returned the cost which clearly indicates their malafide intention to cheat the complainant which amounts to deficiency in service and unfair trade practice on the part of the O.P.

ORDER

The prayer of the complainant is allowed exparte against the O.P.  The O.P is directed to pay an amount of Rs.25,800/- towards cost of LED 32” LG T.V.  The complainant will return the old T.V to the O.P and O.P will receive the same.  The O.P will also pay a sum of Rs.10,000/- towards cost of litigation to the complainant within 45 days from the date of receipt of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 27^th   day of February,2017  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                      Member (W)                                                                                                                                                                                                                                                                                                                                 (Sri D.C.Barik)

                                                                                                        President.

                                                                                                (Sri B.N.Tripathy )

                                                                                                          Member