Orissa

Rayagada

CC/8/2018

Manaj Ranjan Rath - Complainant(s)

Versus

PE Electronics - Opp.Party(s)

Self

03 Aug 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 08 / 2018.                                         Date.  3    . 8   . 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                          President

Sri Gadadhara Sahu,                                                                       Member.

Smt.Padmalaya Mishra,.                                                                Member

 

Sri Manas Ranjan Rath,  S/O: Sri Hara Mohana Rath,  C/O: Ganesh  Mishra, Hatipathar Road, Po/ Dist.Rayagada, State:  Odisha.           Cell No.8280209113.                                                                                                                                                                                                                   …….Complainant

Vrs.

1.The Manager,  P.E. Electronics, Ground Floor, Techweb centre, New Link Road, Jogeswari (West), Mumbai.-400102.

2.The Manager,  Imported & Marketed by P.E., Electronics Ltd., Auto Car Compound, Adalat Road,  Aurangabad,  Moharastra-431005..                                                 .…..Opp.Parties

Counsel for the parties:                                 

For the complainant: - Self.

For the O.Ps  :- Set exparte.

                                                          J u d g e m e n t.

          The  present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non refund of  price  towards  Electrolux Microwave oven which was  not functioning within the warranty period. The brief facts of the case  has summarised here under.

          That the  complainant  had purchased a  Electrolux Microwave oven from the O.P. No.2 by paying cash payment of Rs.6,490/- having  one year warranty  bearing model No.M/O G20M BB-CG of 20 Gr capacity, 2017 make. The complainant booked the same through shop CJ on Dt. 18.8.2017 vide order No.20170815057486. The booking company  had delivered the same during the month of October, 2017  in the residential address of the complainant.  As the booking through online the warranty card is not filled  up and the same  was blank. While using the same due to short circuit inside the microwave over the plastic pots supplied with the machine were damaged and part of the machine also. The complainant had used the machine and  with in a week  started problem due to which the complainant had  lodged complaint to the  manufacturing company through  its  toll free No. 18605007008. The company  authority assured the complainant  to rectify the defects of above machine  with in a week but instead of several complaint   from time to time no body comes to rectify  the defect of the machine.  Further the O.Ps have no service centre at Rayagada and at the same time no mobile servicing system is there at Rayagada. Inspite of repeated contact the O.Ps were paid deaf ear   for replacement of the above set.    Hence  this case. The complainant prays the forum direct the O.Ps  to refund the purchase price of the above set  inter alia to pay  Rs.10,000/- towards mental agony and such other relief as the hon’ble forum deems fit and proper for the best interest of justice.

On being noticed  the O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  5 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 8 months  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

          We therefore constrained to  proceed to dispose of the case, on its merit. 

          Heard from the complainant.   We perused the complaint petition and the document filed by the complainant.

         FINDINGS.

                The complainant has been heard at length & perused the records.

.               From the records it reveals that, the complainant has purchased a Electrolux Microwave oven  from the O.P No.2 by paying a sum of Rs.6,490/-  vide order No.20170815057486  Dt. 18.8.2017. But unfortunately after delivery of around one week the above  set found defective and not functioning. The complainant complained the OPs for necessary repair in turn the OPs  paid deaf  ear.   

.               From the records it is seen that, the complainant has filed Xerox copy of purchase bill which is in the file marked as Annexure-I.  Hence it is abundantly clear that, the complainant has repeatedly approached the OPs  for the defective of above  set with complaints where in the OPs.  found defect & noted with a comment.

                On examining the whole transactions, it is pertinent to mention here that, there is One year valid warranty for the alleged above set and the defect arose after One week of purchase. As the OPs deliberately lingering to file their written version or any other documents after lapses of above 08 months, and observing the present situation, and nothing adversary to the complainant as adduced by the OP. The forum relying on the version of the complainant is of the view that, the alleged  set has inherent defect and there is vivid deficiency in service by the OPs declining to redress the grievances of his consumers i.e.  the present complainant, hence the complainant is entitled to get the price of the said set along with such substantial compensation for all such harassment having been impounded with mental agony and deprivation of the use for the same  for long time  and so also the cost of litigation. We found there is deficiency in service by the OPs and the complainant is entitled to get relief.

                On appreciation of the evidences adduce before it, the forum is inclined to allow the complaint against the Ops.

                                                                               

 

                                                                                O R D E R

                In  resultant the complaint petition  is allowed  on exparte against the O.Ps.

                The O.Ps  are directed to return back the defective product from the complainant  by paying the price of the  Electrolux Microwave oven a sum of Rs. 6,490/- besides  to pay an amount of Rs.2,000/- (Rupees two thousand) towards  compensation  for mental agony  and  litigation cost to the complainant.

                The entire directions shall be carried out with in 30 days from the  date of receipt   of this order.

                Dictated and  corrected by me.

                Pronounced in the open forum on   3rd    day of    August, 2018.

 

 

MEMBER                                                                                 MEMBER                                                 PRESIDENT