Orissa

Jharsuguda

CC/2/2015

Sushil Barik S/O- Purnachandra Barik - Complainant(s)

Versus

Proprietor of Commercial Corner Main Road Jharsuguda - Opp.Party(s)

Self

20 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 02 OF 2015

 

Sushil Barik (38 Yrs.),

S/O: Purnachandra Barik

R/O: Singharpur,PO-BaghMunda,

Via/ PS: Lakhanpur,

Dist: Jharsuguda,Odisha………………………………….…………………Complainant.  

                                           

Versus

 

1. Proprietor of Commercial Corner,

Main Road, Jharsuguda,Jhanda Chowk,

PO/ PS/ Dist: Jharsuguda, Odisha.

 

2. Usha International  Ltd.,

N.H- 5, Telenga Pentha,

Via: Phulnakhara Chowk, Cuttack.

 

3. Usha International  Ltd.,

Plot No.15, Institution Area, Sector-32,

Gurgaon, Haryana- 122 001…………………………............….…...Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                               Self.

For the Opp. Party No.1                              Shri A. K. Sahoo, Adv. & Associates.

For the Opp. Party No.2                              None(Ex-parte).

For the Opp. Party No. 3                             None( Ex-Parte)

 

Date of Order: 20.07.2015

 

Present

                                                1. Shri S.L.Behera, President.

                                                2. Shri S.K. Ojha, Sr. Member.

                                                3. Smt. A. Nanda, Member.

 

Shri S. K. Ojha, Sr. Member: - The brief facts of the complainant’s case is that, the complainant has purchased a Usha Umang Tailor machine bearing original company card No.(P213A No. 0113 dtd. 17.02.2013 ) by paying Rs.4,600/- only on dtd.

 

01.04.2013 from the O.P.No.1.  The O.P.No.1 issued a Cash Memo and two years warranty card against said purchasing of tailor machine.  The said machine started some problems where the complainant on dtd. 18.11.2014 brought the said machine to the O.P.No.1 for repair which after one month the O.P.No.1 was giving an another machine which was having different number. The complainant after asking the same the O.P.No.1 refused and threatened the complainant.  One Ranjit Barik son of Ghasia Barik is the witness of the whole matter as alleged by the complainant against the O.P.No.1, the above problem has not been solved till date , hence this case.

On receiving the notice, the O.P.No.1 appeared through his counsel and filed written version admitting the fact of purchase of sewing machine but denied all the allegations imposed by the complainant and prayed to add necessary parties for proper adjudication of the case. The O.P.No.1 submitted that the said machine has been repaired two times by the complainant with replacement of a new one.  Afterwards two necessary parties added with this case, served notices as O.P.No.2 and O.P.No.3 but they failed to either appear or filed their written versions, as such the O.P.No.2 and 3 stand ex-parte.

Heard the matter from the parties in length and perused the case record along with materials available.  The complainant has purchased  one sewing machine of Usha Umang model foot machine with metal stand and table by paying Rs.4,600/- only to the O.P.No.1 on dtd. 01.04.2013. Along with the said machine one Cash Memo bearing serial no. 235, one Warranty Card having two years warranty and a Card having No.(P213A No. 0113 dtd. 17.02.2013) inspected by one S.S. Chandra and checked by one Harish Pant on behalf of Usha International Limited were issued by the O.P.No.1 to the complainant. Within the period of warranty i.e. on dtd. 18.11.2014 while the machine started occurring problem the complainant submitted the said machine before the O.P.No.1 and while returning the same by the O.P.No.1 the complainant objected on the same as the said machine bears some other number containing manipulation in the number of machine which is looking an old one.

 

It is worth noting as per the version of O.P.No.1 that, he has replaced the said machine to a new one in earlier date and this is second time the complainant submitted for repair.  But if the O.P.No.1 would have replaced the original machine bearing No. (P213A No. 0113 dtd. 17.02.2013)  to a new one than afresh machine number could have been given to the complainant and if that new replaced machine would have submitted than there will be no question of machine number having the number of very first one.

 

 

On the above submissions of the complainant, the complainant has filed an affidavit of one Ranjit Barik ( 45 years) son of Ghasia barik, R/O- Bhaunrkhol via/Ps-Lakhanpur, Dist-Jharsuguda who is an eye witness of the whole story, who was also present before this Hon’ble Forum and sworn the fact of the case.

 

In the above observation and analysis there is no any merit found on the part of O.P.No.1 and the whole activities arrows towards committing of deficiency of service on the part of O.P.No.1, hence we are in considered opinion to allow the complaint petition by the directing the O.P.No.1 in the form of order as follows:-

 

 

 

ORDER

 

The O.P.No.1 is hereby directed to refund Rs.4,600/- (Rupees four thousand six hundred) only towards the price of the said Sewing machine or give a defect free new sewing machine of latest model having the same price to the complainant along with pay a sum of Rs.1,000/- (Rupees one thousand) only towards harassment, mental agony including litigation cost within 30 (thirty) days from the date of receipt of this order, failing which the O.P.No.1 shall be liable for interest @ 10 % per annum on the above mentioned awarded amounts till realization. 

 

   Accordingly the case is disposed of.

Order pronounced in the open court today the 20^th   day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.

                                               I Agree.                              I Agree,                                                                                                    

                                         

                            A.Nanda, Member (W)              S. L. Behera President            S.K.Ojha, Sr.Member       

                

                                  Dictated and corrected by me

 

                                     S.K.Ojha, Sr.Member