Orissa

Kendujhar

01/2015

Mr. Sasee Bhoosan Pattanayak - Complainant(s)

Versus

M/s. Jaisnavi Enterprises - Opp.Party(s)

Sri Patitapaban Nath & Associates

14 Oct 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 01 OF 2015

               Mr. Sasee Bhoosan Pattanayak, aged about 53 years,

               S/o: Sri Srinibas Pattanayak,

               At: Sisu Bhavan Road,

               New Colony Mining Road,

               P.O: Keonjhargarh,

               Dist: Keonjhar                  ………………………………..Complainant

                          Vrs.

               M/s. Jaisnavi Enterprises,

               At: Madhapur,

               P.O: Keonjhargarh,

               Dist: Keonjhar-758001     ………………………………...Op. Party

                                       

PRESENT: SHRI A.K. PUROHIT, PRESIDENT

              SRI S.C. SAHOO, MEMBER

               Adv. for the Complainant - Sri Patitapaban Nath & Associates

               Adv. for the O.P - Sri Tarun Kumar Chowda (Authorised Person)

_____________________________________________________________  

Date of Hearing - 20.09.2016                           Date of Order- 14.10.2016

Sri S.C. Sahoo, Member: The brief facts of the case is that the complainant had purchased a Hydraulic Trolley Jack of having capacity of 2 Ton from the O.P on 23.10.14 at a cost of Rs.1785/- inclusive of (VAT) for his personal use in his own vehicle. But the said jack failed to provide due service when it was applied on the way to Cuttack when the complainant was going despite the best effort made by his driver of the Car in order to get the utility of the jack but all efforts failed and the jack did not function and as a result the jack did not serve the purpose for which it was purchased, though the O.P had given full assurance about the quality and function of the said jack and the O.P also promised to receive back the jack if failed on function. Due to failure of the jack as was purchased caused loss of time as well as extraneous expenses and mental stress on failure of the said jack caused discontinuation of journey to his destination as not getting any service from the said jack for which the complainant had bear financial loss for non-reaching of his destination in right time to attend his business deal. Which was related for maintenance of livelihood of his family. The day after the complainant went to the O.P for returning the same. But the O.P adamantly denied to accept the alleged sold jack which increased mental agony and financial loss. Hence, this case,

       After service of notice the authorized person Sri Tarun Kumar Chowda son of the O.P, the proprietress of M/s. Jaisnavi Enterprise appeared and filed her written version and conducted the case. In her written version stating that the complaint is not maintainable and there is no cause of action and this case was initiated with imaginary and concocted facts. The O.P has never given assurance nor promised to receive back the sold jack if not functioned as the supplier or the manufacturer did not give such guarantee or warrantee for sale of the alleged product since a single customer yet ever made any complain about the function of this type of jack. The alleged jack could have failed due to mishandling/ wrong handling or by way of applying overload and above the limit than the capacity prescribed for the jack and the complainant had unjustly demanded return of the alleged jack after use of several days without any reason and unpleasant manner. Hence, this case be dismissed.

    Heard, the contesting parties and perused the materials available in record. It is not disputed by the O.P that the jack was purchased by the complainant. But the O.P disputed that the sold jack was not defective since proper demonstration of proper use and function was demonstrated to the complainant at the time of purchase of the alleged jack.

     Perused the material like the purchase bill vide No.1253, dt.23.10.14 issued by O.P to the complainant on purchase of the said jack, wherein the bill contends in Sl. No.2 that, the goods once sold cannot be taken back and in Sl. No.3 contends that, decision of the manufacturing company will be held final in case of warranty. But in this particular case the O.P has not given any reference of the manufacture or given any warranty to the complainant which seems to be exaggerated by the O.P in order to save from her liability.

   Coming to the point of liability, the consumer/ complainant has direct touch with the dealer who sold the goods and not with the manufacturer. The dealer/O.P is dealing with the consumer/ complainant for the manufacturer/supplier of the goods. Hence the O.P is only liable for the alleged defective jack purchased by the complainant.

     With these discussion and material available in record, it will be genuine refund of price of the alleged jack will meet the ends of justice. Hence,

 

O R D E R

The O.P is directed to refund the price of Rs.1785/-(Rupees seventeen hundred eighty five only) to the complainant within one month time from the date of receipt of this order and the complainant is directed to return back the alleged defect jack to the O.P within the said period as above. Further the O.P is directed to pay Rs.500/- towards cost of litigation with the aforesaid period failing which the entire amount will carry an interest @10% per annum till realization.

             Accordingly the case is disposed of.

 

 

                                                                                                                                            I agree               

    (Sri S.C. Sahoo)                                                                                                     (Sri A.K. Purohit)                                                                     

          Member                                                                                                                  President                                                                                                    

   DCDRF, Keonjhar                                                                                                  DCDRF, Keonjhar                                                                        

 

                                                             Dictated & Corrected by me

                                                                      (Sri S.C. Sahoo)                                                                          

                                                           MEMBER, DCDRF Keonjhar