Orissa

Jharsuguda

CC/80/2020

Aditya Mohan Bag. - Complainant(s)

Versus

PATRA ELECTRONIC, Behermal - Opp.Party(s)

Self

11 Nov 2021

ORDER

IN THE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA.

 

                                                                     C.C.NO-80/2020

 

 Aditya Mohan Bag,

 R/O:   Nuapada,

 PO:   OMP Line, Jharsuguda,

 PS /DIST-Jharsuguda,Odisha.                                                       .…… Complainants.

     

Versus

PATRA ELECTRONIC

Behermal Road Near Durga Mandir

Jharsuguda, Pin-768203…                                                  ……Opp. Parties.

 

Counsel for the Parties:-

For the Complainant           :-         Self.               

For the Opp. Party               :-        Abdul Zalil, Adv. & Associates.

 

 

Present:-      1. Shri  Dipak Kumar Mahapatra, President

                                     2. Smt. Anamika Nanda, Member (W).

 

Date of Hearing:-   03.11.2021 Date of Order: 11.11.2021

                                                                             

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of this case is that the Complainant had been to purchase a refrigerator from ona Patra Electronics at Beheramal, Jharsuguda. The salesman at the showroom  motivated and made me agree to purchase a refrigerator of HAIER make vide Sl No-BS0331E860ITIKBN0031 on payment of Rs.16,000/- on dtd. 04.02.2020. They delivered the said Refrigerator in my house as per the address above. After using it for 3to 4 days it developed some mechanical problems for which the Complainant could not use it. He reported the matter to the O.P-1 but he assured him to get it repaired by sending their mechanics very soon, if it is not repaired then he will provide a new Refrigerator to the Complainant. But when no mechanic came to repair the same I reported the matter to the Showroom owner in written still no one came to attend the call and the said Refrigerator is lying idle in his house. Finding no way he filed a Consumer case to get reliefs.

The O.P despite of service of notice he did not bother to appear before this Commission thus challenging the allegations made by the Complainant. So taking it in to consideration as “IT IS A YEAR OLD CASE”, this Commission has rightly decided to dispose the case as well setting the O.P as ex-parte in this case. Hence hearing conducted exparte under Rule-6 of Order-9 of Civil Procedure Code.

 

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

 

               From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased a new Refrigerator on payment of consideration amount from a dealer at Beheramal, Jharsuguda who is the O.P in this case. It is the O.P to provide after sales services but neglected the purchaser/consumer/Complainant when he faced certain defects in the said Refrigerator after using the same 3-4 days of purchase. But despites several visits to the O.P, he could not get it repaired being the Authorised service centre and unable to provided required after sale services to the Complainant though the Refrigerator is within warranty period. The O.P has neglected to provide necessary after sale services and shifted the burden to the manufacturer of the Refrigerator. But OP was at least required to repair it. Neither he repaired it properly nor did he replace the defective Refrigerator to the complainant, which amounts to deficiency in service on the part of O.Ps. This matter has been well settled in the case of “Pallavi vs. Apple India Pvt. Ltd.” decided by the State Consumer  Disputes Redressal Commission ,Punjab , Chandigarh on 7^th  September, 2017.Hence the O.Ps have committed “Deficiency in Service”  u/s-2(11) of Consumer Protection Act-2019, by not providing proper services to the Complainant. Hence we order as under:-                                                        

 

 

ORDER

The Complaint petition is allowed. The O.P is directed to replace the defective Refrigerator and provide him a brand new Refrigerator of same make and model i.e. make HAEIR of model REF-HRD-2204PWG-E or refund the cost of the Refrigerator Rs. 16,000/- with 9% interest  per annum from the date of filing the complaint, i.e., dtd. 19.08.2020 till its realisation." The O.P is further directed to pay Rs. 30,000/-(Rupees Thirty Thousand)as compensation and Rs.10,000/- (Rupees Ten Thousand) towards the cost of litigation. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law. 

            Order pronounced in the open court today i.e, on 11^th day of November-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

 

I agree,         

                                                                                   

 

MEMBER.(W)                                                                                              PRESIDENT.

                                                Dictated and Corrected

                                                                By me.

           

 

                                                            PRESIDENT.