Sri G.K.Rath, President :…

1.   This complaint has been filed by the complainant against the opposite parties under Section 12 of the Consumer Protection Act, 1986 .

2.    The Complainant purchased a Mixer Grinder “Mixo 500” of OP 2 on 11.10.2019 from the OP 1 for Rs.3,599/- for her  household use and during the time of grinding masala on 12.3.2020 , she found the jar is not coming out from the machine. The complainant  and her family members tried their best to take the jar from the machine but they failed to do so.

3.     That the complainant on the next day went to the OP1, narrated the matter and told him to take the jar from the grinder. The OP1  tried his best and took the jar from the grinding machine and when he started grinder , he saw the jar again is not moving and the machine also is not functioning. By seeing this , OP 1 told there may be some manufacturing defect in the grinder . Thereafter OP 1 told to contact OP2  by saying that he is not the authorized dealer or seller or the service center of OP2 . OP 1 also told he is buying these products from some authorized dealer/seller of the OP 2 in whole sale/discounted rate and selling them to the customer .

4.     That the complainant tried to call on the toll free number  1800 258 1818 of OP 2 but did not get any response, for which she sent her grievance to the OP 2 so many times  on his email id

4.    OPs were served with the notice of this complaint but despite its service and after giving them sufficient opportunities, the OPs did not put in their appearance to contest this complaint and accordingly they were  proceeded against exparte.

5.   The complainant has led ex-parte evidence in which she had filed xerox copy of purchase receipt(cash memo) and  the warranty card   issued by  OP 1 in support of the allegation made by her in her complaint. The complainant also  filed some email messages in  support of her case.

6.     We verified the purchase receipt(cash memo) and  the warranty card   issued by the OP 1 and found that  it is an admitted fact that the OP 1 has sold the mixer grinder to the complainant on 11.10.2019 for Rs.3,599/-. We also verified the warranty card issued by the OP 1 and also found that it is also an admitted fact that the mixer grinder had 2 years warranty. We also verified the email messages filed by the complainant and found that it is also an admitted fact that the complainant had sent her grievance to the OP 2 on its email id so many times i.e., on 16.3.2020, 8.4.2020, 8.5.2020 and on 20.6.2020. The oral as well as documentary evidence produced by the complainant has gone uncontroverted and unrebutted on record . Therefore, there is no reason to disbelieve the same. In the above circumstances, we are of the considered view that mixer grinder purchased by the complainant was defective and the Op2 have failed to provide service to the complainant on her approach through its email id and this inaction of the OP2  amounts to  deficient in service .

7.     From the oral submission and  petition of the complainant it is found that  the complainant went to the OP1,and told him  to take the jar from the grinder. The OP1  tried and took the jar from the grinding machine and when he started grinder , he saw the jar again is not moving and the machine also is not functioning. By seeing this , OP 1 told there may be some manufacturing defect in the grinder . Thereafter OP 1 told to contact OP2  by saying that he is not the authorized dealer or seller or the service center of OP2 . OP 1 also told he is buying these products from some authorized dealer/seller of the OP 2 in whole sale/discounted rate and selling them to the customer .

8.      That the complainant tried to call on the toll free number  1800 258 1818 of OP 2 but did not get any response, for which she sent her grievance to the OP 2 so many times  on his email id

9. We  verified all the email messages of 16.3.20, 8.4.20, 8.5.20, and on 20.6.20  submitted by the complainant and found that after founding the defects in the mixer grinder, the complainant, on the advise of the OP 1, has  sent her grievance so many times  through the email id of the OP 2 on 16.3.20, 8.4.20, 8.5.20, and on 20.6.20 but  the OP 2 did not give a single reply .This inaction of the OP 2  is clearly showing that the OP 2  has not taken any care for responding  the grievance of the complainant. We observed a consumer purchases goods of a reputed company in order to have the convenience of no early repair or defects. In this case, the mixer grinder  is of a reputed company showed defects after some months  of it’s purchase and  use  . The consumer /present complainant sent her grievance so many times to the OP 2 through its email id  but OP  2 did not give a single reply or took any  action in this regard .. for which the consumer is unhappy. In our view this amount to gross negligent and deficiency in service on the part of the OP 2 and he is guilty of deficiency in service. We are again in opinion that if a consumer like the present complainant is unhappy , then  OP 2 being the manufacturer of this product is only liable to compensate the loss  for his  negligence and deficiency in service.   

10.   The complainant has successfully established her case against the OPs  and proved the case with all supporting documents. Finally, we believed the  case  of the complainant as trustworthy.  

11.   Thus the complainant is entitled to get refund  of the cost of the mixer grinder. Due to such inaction of  OP2, the complainant must have suffered some mental agony and has come up with this case incurring some unnecessary expenditures. Considering the suffering of the complainant, we feel a sum of Rs.5,000/- towards compensation and Rs.2,000/- towards cost will meet the ends of justice.

              Hence it is ordered that the complaint petition filed by the complainant is allowed in part and OP 2 being liable is hereby directed to refund the cost of the mixer grinder and to pay  compensation of Rs.5,000/- and Rs.2,000/- as cost to the complainant within 30 days from the date of  this order, failing which Rs.100/- will be charged per day till the realization of the awarded amount. Order pronounced  in the open Forum/Commission on this the    12^th  day of March’ 2021.

                   Sd/-                                                       Sd/-

              Member                                                 President

                                                                DCDRC, Nabarangpur

Memo No_96/DF                                                                     Dated.  12/03/2021

                                 Copy to the parties concerned.