The factual matrix of complaint in brief is that, the above named complainant has procured a Electrolux Refrigerator model Ref-EJL-205 from the OP.no.1 by paying Rs.13,700/- on dt.07.02.2016 vide invoice No.484, Sl.No.110714261598100252 for domestic use. But after 3 months of its use, the same appeared cooling problems. Hence the complainant approached the OP.no.1 for several times requesting to repair the defective set, but who delivered nothing except false assurances like ‘will shortly depute service technician to mend the same but for no action has yet been taken. Finally watching poor deportment of OP.1, on dt.01.11.2016 at about 10.42 A.M., the complainant complained the Customer Care of OP.2 and obtained reference no.EBSR0111160006 along with code no.R11353  & another No.B2-QCESPL, who also advised the complainant to contact the OP.1 and as per instructions of OP.2 he further approached the OP.1 but for no response thereof. So the complainant to contend that, the product in question provided by the OP.s is a substandard quality and despite approaches, the OP.s neither repair nor replaced the same or pays its price to the complainant, hence the whole actions of OP.s is unfair, highhanded and illegal, which amounts to deficiency in service and for which act the complainant inflicted harassment with mental agony and financial losses. Hence the complainant craves the leave of the Hon'ble forum and prayed to allow the price of the product along with a sum of Rs.50,000/- as compensation and cost.

            The complainant has filed copy of relevant annexure.

2.         The OP.No.1 entered his appearance and filed his counter to contend that, he is only a retailer/seller of the alleged product but not authorized for any service to the said products. However after knowing the fact, he put the grievance of complainant to the OP.2 through phone and advised the complainant to approach the Company for services. So there is no deficiency in service on the part of OP.1, hence he prayed to drop the case against OP.1.

            The OP.1 has filed nothing except his counter.

3.         Both parties have been heard the case at length in absence of OP.2 and the evidences considered. The OP.2 despite receipt of notice of this forum neither appeared nor filed his counter in the case. Hence he set ex parte, as provisions envisaged in Sec.13(2)(b)(i)(ii) of the C.P.Act 1986.

4.         It reveals from the record that, it is admitted by the OP.1 that the complainant had purchased the product in question from his counter on dt.07.02.2016 and paid Rs.13,700/- for domestic use. It is seen that after its use of 03 months the Refrigerator reported defect, symptoms like cooling failed. The complainant personally requests the OP.1 for so many times but who delivered nothing except milk coated words. Hence being aggrieved the complainant put his grievance before the OP.2 through phone bearing Ref. No. EBSR0111160006 along with code no.R11353 & No.B2-QCESPL. On advice of OP.2, he further approached the OP.1 but for no use.

5.         From the evidences filed by the complainant it is seen that the OP.no.1 has named his shop as Dara Electronics & Services, which seems that, the OP.1 is seller and service provider of the products which he sells. But in the instant case, despite several requests of complainant, he neither depute his service technician nor provide him any satisfactory services to mend the defective product and misrepresents this forum that he is only a retailer.

6.         However with observation of foregoing paras, it is pertinent that, the complainant finally approached the OP.2 Company requesting to repair or replace the product, but the OP.2 Company could not render any services to meet his satisfaction. Further it is seen that, despite service of notice of this forum, the OP.2 neither appeared nor did cared to file his counter in the case, which seems the highhanded, illegal and arbitrary manners. Hence in view of the above transactions we found deficiency in service on the part of opposite parties, and the complainant inflicted severe mental agony and financial losses, as thus he is entitled for relief. However the complaint is allowed against the OP.no.2 with cost.

                                                                        ORDER

i.          The OP.2 is hereby directed to pay the price of the product in question Rs.13,700/- (Rupees Thirteen thousand & Seven hundred) in place of the defective refrigerator in question, inter alia to pay Rs.5,000/- (Rupees Five Thousand) as compensation and Rs.2,000/- (Two Thousand) as cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 29th day of April' 2017.

  MEMBER                                                                              MEMBER, DCDRF,

                                                                                                   NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.