Orissa

Jajapur

CC/51/2016

Rabindra Kumar Mallick - Complainant(s)

Versus

M/S Biswal Sales - Opp.Party(s)

C.R.Mishra

07 Feb 2018

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.

                                              Dated the 7th day of February,2018.

                                                      C.C.Case No.51 of 2016

Rabindra ku.Mallick  S/O Govinda ch.Mallick

Vill. Karadapal, P.O. Batto

P.S.Ramchandrapur , Dist.- Keonjhar.                                                            …… ……....Complainant .                                                                       .

                   (Versus)

1.M/S Biswal Sales,Authorised delaer of KENSTAR TOWER COOLER ,Runs it’s

Business at bank street ,Jajpur Road,P.S/Dist.Jajpur.

2.Branch head,Authorised service provider, situated at plot No.1958/4081,

Infront of Chindramaniswar Temple,chintamaniswar Area,Bhubaneswar.

P.O. Ahiyas, Dt.Jajpur.

                                                                                                                              ……………..Opp.Party.                  

For the Complainant:                         Sri C.R.Mishra, Adovate.

For the Opp.Parties  :                         None.  

                                                                                                     Date of order:   07. 02.2018.

MISS  SMITA  RAY, LADY MEMBER  .

     The complainant has  filed the present dispute alleging deficiency of service against the O.Ps 

            The fact relevant as per complaint  petition is that the complainant  purchased a KEMSTAR TOWER COOLER  from O.P.no.1 on dt.09.4.16 at the cost of Rs.8,900/- vide invoice bearing No.RI(C) JKR-181 .The said product carry warranty  for a period of one year  from the date of purchase .After purchase of said cooler when it running exhausted  water instead of exhusting cool air  . After  facing the unwanted / unexpected functioning of a product of a reputed brand on dt.10.04.16 , the complainant went to the show room of O.P.no.1 and informed him for  solution .  The O.p.no.1   instead of showing consumer friendly attitude did not give satisfactory reply to the complainant  and replied that  the authorized service provider is to solve the problem. Thereafter  facing the unhealthy situation the complt tried to make contact with the authorized service provider thorugh telephone and  hardly could be  able to make any contact with O.P.no.2.  After a long and repeated effort the complainant succeed in lodging a complain regarding the mal-functioning  of the product. On the same date    the O.P.no.2 though replied tomorrow the technician  will proceed to the   spot to  check up the product but neither  the technician came to the spot to  cheque up  the product on the schedule date nor resolved the issue  . Being harassed by both the O.Ps  the complainant  sent  a regd legal notice on dt.26.4.16  and after  a month long gap he  received a reply letter from the O.P.no.2 wherein  he stated a  false and imaginary story that the complainant  did not allow the authorized technician to enter  into his house to  cheque up  the alleged product. That again on 8.6.16 the complainant  went to show room of  O.P.no.1 to ask  about false allegation made by O.P.no.2 the op.1 assured him that he is trying to solve the problem .That after waiting for a long gap on dt.10.7.16 the complainant  went to show room of O.P.no.1 to know the development when all on a sudden the O.P.no.1 started scolding the petitioner with filthy language . Accordinlgy finding no other alternative the complainant knocked the door of this fora with the prayer to compsente  a sum of Rs.20,000/ for mental agony and financial loss.

            The  notices though duly served to the O.ps but the o.ps neither appeared nor contested the dispute by filing the  written version /objection though several opportunity was given by this Fora . Hence the O.P.no.1 was set exparte  dt. 03.07.17  and the O.P.no..2 set exparte vide order 29.1.18.

            On the date of hearing we heard the argument from the learned advocate . for the complainant . perused the record along with annexd  documents filed from the side of the complainant and  we came to the conclusion as follows :-

1.It is cristal clear that the complainant  purchased the said KEMSTAR TOWER COOLE  at the cost of Rs.8,900/ vide invoice bearing no. RI(c) JKR-181   from  O.P.no.1 .

2. It is also a fact that  as per complaint petition  the said cooler did not give proper performance/service from the date of purchase .Thereafter the complainant lodged the complain before O.P.no.1 and 2 .

3.After receive of the pleader notice the O.P.no.2 has  given his  reply that the complainant did not allow the technician for enter  to his house and demanded for replacement of the cooler . On the other hand the O.P.no.1 and 2 neither appeared nor contested the dispute .Accordingly we unanimously  accepted the uncontrotveted statement made by the complainant  in complaint petition in view of the  observation of the Hon’ble Odisha State Commission reported in 2003-CLT-vol-96-p-15,C.D.Case No.37/02, wherein it is held that;

“ In absence of written version by the O.P, the commission is bound to accept the uncontroverted statement of the complaint petition.”

And

2013(1)CPR-507-NC,wherein it is held that :

            “ In case written version not filed after several opportunity, it has no defence on merit

 

Hence this order

            The dispute is allowed against the O.Ps. as exparte    and the O.Ps are jointly and severally liable for above occurrence .The O.P.no. 1 and 2 are  directed to replace the said cooler of  same model and same capacity  by exchanging the old   or   pay the cost  of the product  along with pay litigation charges of Rs. 5,000/ ( Five thousand ) which will borne @ 2,500/-   by  each O.P  within one month after receipt of this order, failing which  the complainant  is at liberty to initiate the  proceeding U/S 25 & 27 of C.P.Act 1986 for compliance of this order .                                                                                                                                                                

This order is pronounced in the open Forum on this the 7th day of February,2018. under my hand and seal of the Forum.