Learned counsel for the appellant files written note of submission. The same be kept on record.
2. Heard learned counsel for the appellant. None appears for the respondents.
3. The case of the complainant is that he purchased a ECOLUX CFL 30 W Bulb of Bajaj Brand from OP No.1 on payment of Rs.325/- on 21.4.2020 with one year warranty from the date of its purchase. The said bulb became defective within the warranty period. When the complainant asked OP No.1 to replace the said bulb, OP No.1 refused to replace the same. Challenging the inaction on the part of the OPs, the consumer complaint was filed before the learned District Commission, Nabarangpur.
4. In spite of notice through paper publication, OP No.1 remained silent and as such was set ex parte.
5. OP No. 2 filed written version stating that OP No.1 has not sold the bulb to the complainant and thecomplainant is not a consumer. We find that the complaintpetition was filed without any supportingaffidavit and the receipt showing purchase of bulb from OP No.1. In the present case learned Forum/Commission below physically examined the CLF bulb and came to a conclusion that the defects of the CLF bulb is visible in naked eye as such laboratory test need not be done to prove the defect, the above finding of learned District Forum/Commission is contrary to settled position of law and is not sustainable in the eye of law. We found that the learned District Commission without taking into consideration the written version filed by OP No.2 and without appreciating the facts and law, arbitrarily passed the impugned order which is liable to be set aside and is set aside.
6. The appeal stands allowed. No cost.
The statutory amount deposited be refunded to the appellant with interest accrued thereon if any on proper identification.
DFR be sent back forthwith.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.
