Today is fixed for final order. On the previous day i.e. on 19/11/2019 the case was heard ex parte. Order is passed accordingly.

The fact of the case is that the complainant Gopi Krishna Agarwala purchased a Samsung Refrigerator amounting to Rs.1,21,659.79 on 15/05/2018 and the said refrigerator was delivered by the Reliance Digital on 15/06.2018. It has been further stated in the petition of complaint that the complainant several times talked to O.P. No. 1 over telephone regarding delivery of the said refrigerator but the O.P. No.1 intentionally delayed the delivery of the said item. It has been further stated that while installing the refrigerator by the representative of the Reliance Digital it is found that the said refrigerator was a defective one and it was an old refrigerator. It has been further stated that after installation of the refrigerator it was found that the refrigerator was not functioning. The technician of the Reliance Digital told the complainant that the refrigerator was a defective one and should be replaced. The complainant talked to O.P. No.1 for replacement of the refrigerator but as yet there was no replacement of the said refrigerator. The O.P. No.1 did not replace the refrigerator. It has been further stated that the complainant is suffering from blood sugar for which he has to administer insulin and such insulin liked to be store in the said refrigerator but due to non-functioning of the said refrigerator the sugar level of the complainant became increase and he suffered from diabetic  food infection for which he incurred a cost of Rs. 5,00,000(Rupees Five Lacs Only) for the treatment. The complainant approached before the C.A.&F.B.P., Malda for redressal but ultimately there was no fruitful result as such the O.P. has filed the case before the Consumer Forum.

The evidence adduced by the complainant remained unchallenged though the O.P.  No. 1 and 2 appeared before this Forum and filed W/V but ultimately did not contest the case as such the case was heard ex parte against the O.P. Nos. 1 and  as well as O.P. Nos. 3 and 4 as O.P. Nos. 3 and 4 did not appear before the Forum in spite of receiving notices as such the case was heard ex parte against all the O.Ps. On perusal of the document it is found that the complainant purchased one refrigerator and the said refrigerator was delivered to the complainant. So there is no doubt that the complainant purchased one refrigerator from the O.P. No.2 through O.P. No.1. As the refrigerator was not functioning this is why he lodged complaint to the O.P. No.1 and 2 but ultimately there was no fruitful result. On perusal of the evidence it is found that the complainant has been able to prove the case ex parte as the complainant purchased the refrigerator through the O.P. No.1 on payment of consideration money and the said refrigerator was not functioning this is why he has come to this Forum.

On perusal of the record it is found that the complainant has been able to prove the case ex parte and entitled to get order in his favour. 

C.F. paid is correct.

Hence, ordered that

the case be and the same is allowed ex parte against the O.P. Nos. 1,2 and 4 with cost.

The O.P. Nos. 1,2, and 4 are jointly and severally liable. The O.Ps are directed to replace the refrigerator within 30 days from the date of order failing which it will carry an interest @ 5% p.a.  from the date of order. It is to be mentioned that if the refrigerator is not delivered within the stipulated time the O.Ps are directed to refund the amount of Rs. 1,21,659/- (Rupees One Lakh Twenty One Thousand Six Hundred Fifty Nine Only) within 15 days after lapse of one month if the refrigerator is not replaced . In such case the O.Ps are directed to pay interest @ 9 % p.a. over the amount from the date of filing of the case. Beside that the complainant is entitled to get Rs. 30,000/- (Rupees Thirty Thousand Only) as compensation for mental pain and agony, Rs. 10,000/- (Rupees Ten Thousand Only) as litigation cost. In this case the O.P. No.3 is not liable to pay any amount to the complainant as such the case against O.P. No.3 i.e. H.D.F.C. Bank is dismissed.

Let a copy of this order be given to the party free of cost on proper application.