Orissa

StateCommission

CD/980/2003

Sri Parsu Jani, - Complainant(s)

Versus

Managing Director, Godrej GE Appliance Ltd., - Opp.Party(s)

M/s. B.N. Udgata & associates.

03 Jul 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Complaint Case No. CD/980/2003
( Date of Filing : 25 Jul 2003 )
 
1. Sri Parsu Jani,
S/o- Late Dhana Jani, Nalco Township, Qtr. No. A-109, Sec-III, Damanjodi, Dist- Koraput.
...........Complainant(s)
Versus
1. Managing Director, Godrej GE Appliance Ltd.,
Unit-11, Servie Department, Pirojahanagar, Vikroli, Mumbai-79.
2. M/s. Ambica Agency,
Amala Kutir Road, Koraput, At/Po/Ps/Dist- Koraput.
3. N.E.M.C.S. Ltd.,
Damonjodi, represented by its Secretary, At/Po- Damonjodi, Dist- Koraput.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Dr. Smarita Mohanty MEMBER
 
For the Complainant:M/s. B.N. Udgata & associates., Advocate
For the Opp. Party:
Dated : 03 Jul 2020
Final Order / Judgement

Learned counsel for the appellant is present.

2.      Respondent is absent. Notice against the respondent is made sufficient.

3.      Learned counsel for the appellant submitted that while passing the impugned order, the learned District Forum has not gone through the materials available on record.

4.      The operating portion of the impugned order is as follows:-

                   “xxx   xxx   xxx

At this juncture, in our considered opinion, it is directed that the OP 1 is to attend the Refrigerator of the complainant and the complainant is to cooperate the OP 1 for inspection and repair since a product is not be replaced or the cost will not be refunded in absence of any direct evidence about inherent manufacturing defects with the product.

With the above observation the case is dropped without cost and OP 1 is to comply with the orders within 60 days of pronouncement of this order as observed.”

5.      In view of the aforesaid order, we do not find any reason to interfere with it. However, modifying the said order, we direct that due to lapse of the years if the fridge has gone out of order, the same should be repaired by the OP free of cost instead of replacing the fridge.

The appeal is disposed of accordingly.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[ Dr. Smarita Mohanty]
MEMBER
 

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