Orissa

Cuttak

CC/103/2017

Rashmi Ranjan Routray - Complainant(s)

Versus

Propriertor,Jagannath Service - Opp.Party(s)

S Pattanaik

20 Jun 2018

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.103/2017

 

Rashmi Ranjan Routray,

At:Friends Colony,Bajrakabati Raod,

PO:Buxibazar,P.S:Mangalabag,

Dist:Cuttack.                                                                                      .… Complainant.

 

Vrs.

1.       Proprietor,Jagannath Service,

P.O/P.S:Madhupatna,Dist:Cuttack.

 

2.        Branch Manager,

Samsung India Pvt. Ltd.,

Odisha Business Centre,

Plot No.10, Rasulgarh,(Palasuni),

Bhubaneswar,Pin-751017.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    29.08.2017

Date of Order:  20.06.2018

 

For the complainant  :    Mr. S.Pattnaik,Adv. & Associates.

For the O.Ps.                :   None.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has filed this complaint before this Forum against the O.Ps for Redressal of his grievances under the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in brief is that the complainant is the owner of a SAMSUNG TV bearing model no.VA55B7000WRMXL and serial no.1713ZESB00058X.  The said TV became defective, so the complainant handed over the T.V set to the authorized service centre, O.P No.1 who deals in repair and maintenance for removal of defects on 23.05.2017.(Copy of customer service record card is annexed as Annexure-1).

The O.P No.1 after receiving the T.V set verified the defects and after estimate asked the complainant to deposit Rs.20,000/- towards replacement of defective parts and labour charges.Accordingly the complainant deposited Rs.20,000/- on 27.5.2017 through his friend namely Umakanta Pradhan and in token of acceptance of money, the O.P No.1 has issued a money receipt to the complainant vide CRNo.1107 dt.27.5.2017(Copy of the money receipt is annexure-2) and the O.P No.1 assured the complainant to deliver the T.V set within 15 days after repair and maintenance and in a good working condition.

After completion of 15 days the complainant went to the service centre of O.P No.1 to bring the T.V set but the O.P No.1 did not deliver the T.V set.The complainant has approached to O.P No.1 several times to return the T.V. set but the O.P.1 avoided to deliver the T.V on some plea or other.

The complainant finding no other alternative issued a legal notice through his advocate on 28.7.17 with request to return the T.V set in a good and working condition within 15 days from the date of receipt of the notice. (Copy of the legal notice and postal receipt are Annexures-3 & 4).The O.P instead of delivering the T.V set replied that the O.P No.1 had made several calls to the complainant to take back the same as the defects have been removed which is false.So the complainant prayed for a direction to O.P No.1 to return the T.V set removing the defects and in good working condition and to pay Rs.10,000/- as compensation towards mental agony and Rs.5000/- towards litigation cost.

2. The O.Ps did not appear and were set exparte. 
3. We have heard from the advocate of the complainant, gone through the documents and the written note of submission along with the pleader’s notice from O.P No.1 which states that the O.P No.1 has received Rs.20,000/- for purchase of some parts and his service engineer overlooked the defects and could not estimate proper repair charges and has raised current estimate bill of Rs.95,209.95 including GST.
4. Taking into consideration the pleadings and documents, the points for determination are

1. Whether the complainant is a consumer?
2. Whether there is any deficiency in service and unfair trade practice on the part of O.P.?
3. To what relief the complainant is entitled to?

Issue No.1 & 2:

As both the issues are linked with each other, they are discussed together.  Admittedly as the O.P.No.1 has received the T.V set from the complainant for repairing for a consideration of Rs.20,000/- as such the complainant is a consumer.  It is alleged by the complainant that the O.P though promised to deliver the T.V set after repair within 15 days but failed to return the T.V set and on the other hand by pleader’s notice dt.6.8.2017 on behalf of O.P No.1stated that service engineer of office overlooked the defects properly and re-estimated the cost of defective parts and produced the current estimated bill of Rs.92,209.95p which is unfair.  The O.P has also not mentioned the defects in the money receipt issued by him and took the plea that Rs.20,000/- was taken as advance but he has not mentioned about the total charge in the money receipt.  So any subsequent estimate by O.P.No.1 is unfair and untenable.  We are of the view that the O.P has adopted unfair trade practice and non-return of T.V set amounts to deficiency in service on the part of O.P.

 

Issue No.3:

After taking into consideration all the facts and circumstances, the complainant is entitled to get the T.V set in proper defect free condition and Rs.10,000/- as compensation.

                                                                                ORDER

                The complaint is allowed exparte against the O.P No.1 & 2.  The O.P No.1 is directed to return the T.V set in proper working condition under acknowledgement within 45 days and the complainant will receive the same.  The O.P No.1 is further directed to pay a sum of Rs.10,000/- to the complainant as compensation towards mental agony and Rs.5000/- towards cost of litigation.  The above payments will be made within 45 days from the date of receipt of the order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 20^th   day of June,2018  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                      Member (W)                                                                                                                                                                                                                                                                                                                                     (Sri D.C.Barik)

                                                                                                           President.