IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUNDARGARH-II, ROURKELA

Consumer Complaint No. 149 Of 2013

                                         Present:        Sri Basanta Kumar Panda, President

                                                              Sri BabajiSahoo,  Member.

Sri Pratap Kumar Mahanta,

S/o: MalharMahanta of Tarkera,

Ps: Raghunathpalli, Dist: Sundargarh, Odisha

                                                                                                     …..      Complainant                             

Versus

       M/s.B.K.Enterprises,

       Represented through Manager-Cum-Owner,

       At: “E” Block Market, Sector-22, Ps: Tangarpalli,

       Dist: Sundargarh, Odisha.                                                                                                                                                                                                    …..      Opposite Party

       Counsel for the Complainant           :           Sri R.S.Mahanta and P.C.Mishra,   

                                                                            Advocates

       Counsel for the Opposite Party       :           None

                                                                                    Date of order: 04^th August,2015

                                                            O R D E R

       SRI BASANTA KUMAR PANDA: PRESIDENT :

                Complaint in brief is that the complainant,  a businessman, purchased two sound boxes (D.J.) from the OP-trader M/s.B.K.Enterprises, Tangarpali in the District of Sundargarh on 16.09.2013 on payment of its price amounting to Rs.12,800/- vide retail invoice dated 16.09.2013 . Immediately after the purchase of those goods, the complainant noticed defects on the goods as three lights of the product did not function. Complainant approached the OP on 20.09.2013 for rectification of the defected lights fitted on the goods but on several approaches and requests made by the Complainant the same defects were not rectified which unable to get its benefits. Hence, this complaint.

            OP-trader failed to appear before this Forum despite sufficient notice. Therefore, this case is to be proceeded exparte against the OP. Complainant has put forth his case, produced the purchase receipt and filed his evidence on affidavit. The facts of the complaint as put by the complainant had been proved from his evidence on affidavit. Due to non-appearance and non-filing of the written statement by the OP, the case and claim of the complainant remained unaverted and uncontroverted. We can not disbelieve the complainant as he has produced the documentary and oral evidence before the Forum to establish his case, We therefore, satisfied that the case and claim of the complainant to be justified. That being so, deficiency against the OP stands established.  Complaint is allowedexparte as against OP. We hereby direct the OP to rectify the defects exists within the sound boxes of the complainant with the satisfaction of the complainant or else to pay Rs.12,800/- ( Rupees twelve thousand eight hundred ) only  i.e. price of the product. The OP is also directed to pay Rs.3000/- ( Rupees three thousand ) only to the complainant towards compensation along with Rs.1000/- ( Rupees one thousand ) towards cost.

The above stated directions shall be complied by the OP within six weeks from the date of receipt of copy of this order.

With the above orders the case is disposed of. 

Copy of this order shall be supplied to the parties free of cost.

                                                                                    ( Dictated and corrected by me)

                        (SRI BABAJI SAHOO)                     ( SRI B.K.PANDA ) 

                            MEMBER                                              PRESIDENT