MRS RAJASHREE AGARWALLA, MEMBER-

             Unfair Trade Practice in respect of not providing after sale service to the defective Refrigerator of Complainant, by the Ops are the allegations arrayed against the Ops.

2.             Complainant in brief reveals that, Complainant purchased a ‘KELVINTOR’ Refrigerator for his domestic use bearing model No. 205TGT-FDB, from Op-1 Dealer, i.e, on dtd. 18/07/2015 on payment of Rs. 12,500/- vide bill no. 508. Complainant also received warranty card from Op-1 bearing its set Sl. No.980914261392002020. It is alleged that after using the said Refrigerator for a few months defects were detected in the door and lighting system of the said Refrigerator, for which Complainant lodged a complaint before Op-1 bearing complaint No. BHU1403160085. On dtd. 15/03/2016 the authorized mechanic of the Ops inspected the Refrigerator and pointed out the defect and assured to repaired the problems within a few days. But inspite of several approach to Op-1, no-mechanic turned up and rectified the defects, for which the Refrigerator remains out of order. It is further alleged that Op-2 is the manufacturing company and the defects occurred to the said Refrigerator within the warranty and severally liable for Unfair Trade Practice by not attending the grievance of the Complainant, Which caused mental agony to the Complainant and his family member. Accordingly, the Complainant preys before this Forum to issue a direction to the Ops to rectify the defects on the Refrigerator without charging any cost and to pay Rs. 13,500/-as compensation for mental agony and Rs. 2,000/- as cost of litigation.

3.                   Notice was served to the Ops by Registered Post with A.D. by this Forum. Postal acknowledgement returned against Op-1 and same is the part of the record. As no Postal acknowledgement returned against Op-2 and the Notice was sent through Regd. Post by this Forum, according to the provision  Under Regulation 10(2) of C.P.Act,1986, it is presumed that Notice has been served and sufficient against Op-2. Both the Ops did not prefer to appear into the dispute, hence set ex-parte by this Forum vide order no.17 dtd. 5/9/17.        

4.    Heard the ex-parte submissions of Ld. Counsel for Complainant, gone through the documents i.e, attested Xerox copy of Retail invoice showing the purchase of the Refrigerator, and attested Xerox copies of warranty card issued in the name of the Complainant. It is clear from the documents that, Complainant had purchased one ‘KELVINATOR’ Refrigerator on payment of Rs. 12,500/- bearing model no. KCP-205-TGT-FDB on dtd. 18/7/2015 from Op-1, Gopinath Enterprises, Santasahi, Kendrapara. It is also clear from the terms & conditions of warranty card issued by Ops that, warranty is valid for 1 year on all parts (except, light, bulb, combinable, loose plastic parts, glass). It is alleged that on purchase of the disputed Refrigerator and just after using for a few months, which is within the warranty period, the defects in the door and lighting system detected and the Refrigerator remains idle. Complainant lodged a Complaint before Op-1on dtd. 14/3/16 bearing no. BHU1403160085 and inspite of the inspection of the authorized mechanic, the ops did not take any step to rectify the mistake. The allegations of the Complainant are not countered by any way and the present proceeding is non-rebuttal in nature, hence, we, accept the version of the Complainant and felt that both the Ops are jointly and severally liable for Unfair Trade Practice by not providing appropriate service as per the terms & conditions of the warranty. This type of negligent attitude as alleged and observed, definitely caused mental agony to the Complainant and his family members which is to be duely compensated.

                                  Having observations, reflected above, it is directed, Ops will rectify the defects of Complainant’s Refrigerator of Model described as above, without charging any cost. It is further directed that Ops will pay Rs. 2,000/- as compensation and Rs. 1000/- as cost of litigation. The order is to be carried out within one month of receipt of this order, failing which action will be initiated against the Ops as per the provisions of C.P.Act,1986.                                      

                Complaint is allowed in part on ex-parte with cost.

        Pronounced in the open Court, this   7th day of October, 2017.               

                  I, agree.                             I, agree.

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              MEMBER                         PRESIDENT              MEMBER