SRI G.K. RATH, HON’BLE PRESIDENT …                      The gist of case is that, the above complainant had purchased one surgical product namely Sarco Lumber Belt 34 size, on dated 16.04.2017 from OP.1 by paying Rs.475/- for his ailing sister. Later use of just seven days the belt appeared defective and became looser and unusable. So the complainant approached the OP.No.1 to replace the same but he refused to replace the same with a new one. In the mean while the complainant approached the OP.1 for so many times but for no use. Finding no other way he contacted the OP.no.2 through phone to their customer care No.01123869140 at 1.22 p.m on 25.04.2017 but also for no result thereof. Hence the complainant contends that, the said belt has some manufacture defect and the OP.s did not respond to replace it or agreed to pay its price, hence the action of OP.s amounts to deficiency in service. So, the complainant craves the leave of this forum sought for justice. For such illegal action of OP.s, the complainant inflicted with great humility and mental agony, hence he prayed before the forum to direct the OP.s to pay the price of the said product and a sum of Rs.10,000/- as compensation and for litigation cost.

2.         The complainant has filed copy of evidences along with affidavit. On the other hand it is seen that the O.P.s neither appeared before the forum nor file any counter in spite of several chances allowed in it’s admission. Hence they set ex parte as per Sec.13(2)(b)(i) (ii) of the C.P.Act.1986 and hence the forum decided to proceed the matter as evidences available in record on merit. Heard from the complainant at length, perused the record and submissions considered.

3.         From the above submissions, it is found that the complainant has procured the Belt set on dt.16.04.2017 from OP.1 by paying an amount of Rs.475/- for use of his ailing sister but the same reported looser within seven days of its purchase. Hence the complainant approached the OP.s for replace the same with a new one, but the OP.s neither replaced the product nor paid its price. Considering the evidences, submissions by the complainant, we are of the view that, the Belt set in question is substandard product and the O.P.s provides duplicate set to the complainant which could not be used for his ailing sister. Thus the complainant sustained mental agony and also inflicted valuable times due to the negligence, arbitrary and unfair practices of OP.s hence prayed for compensation.

4.         It is further seen that, the complainant has purchased the alleged belt from the shop of OP.1, and the OP.s carrying their business within the local limit and gains profit, hence the forum has statutory obligations to entertain the case in the interest of justice.

5.         It is also noticed that, despite service of notice of this forum the OP.s are failed to take any steps to settle the instant matter of complainant and there is nothing to unbelief the contentions of complainant without appearance, filing counter and evidences by the OP.s, hence we feel that the action of OP.s is highhanded and unfair which amounts to deficiency in service and hence they found guilty under the provisions of C.P.Act 1986. As thus we allow the complaint against the OP.s with cost.

6.         In this case the complainant has purchased the goods for his own & personal use and not for commercial purpose so he is a genuine consumer in this case. The complainant has also filed this complaint within the jurisdiction and lawful limitation period, hence the complaint is maintainable in the eyes of law, so the complainant is entitled for relief and the OP.s are liable for compensation. As thus the complaint is allowed against both the OP.s.

                                                             ORDER

i.          The opposite party no.1 & 2 supra are hereby directed to pay the price of Sarco Lumber Belt in question of Rs.475/- (Rupees Four hundred and Seventy five only) in place of the defective alleged Belt set inter alia, to pay Rs.2,000/-(Two Thousand only) as compensation and cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days from the date of receipt of this order, failing which, the total sum will carry 12% interest per annum till its realization. Order pronounced in the open forum on this the 26th day of Sept' 2017.

MEMBER                           MEMBER                               PRESIDENT

                Memo No_______________DF         Dt………………………

            Copy to the parties concerned.

                                                                                                PRESIDENT, DCDRF,

                                                                                                      NABARANGPUR