DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C NO.46 OF 2016
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member.
Sri Purna Chandra Tripathy - Member.
Simanchal Mohananda, aged -36 years.
S/O: Mukunda Mohananda. Village- Kanidani
PS: Phulbani Sadar Dist: Kandhamal. ………………………….. Complainant.
Versus .
- Proprietor of Samvabi Enterprises
At- Main Road, Phulbani PO/PS: Phulbani
Dist: kandhamal
- M/S Sujata Enterprises
At- Main Road, Phulbani PO/PS:Phulbani
Dist: Kandhamal……………………………..OPP. Parties.
For the Complainant: Sri P.K. Mohanty, Advocate, Phulbani.
For the OPP. Parties: None.
Date of order: 29-06-2017.
O R D E R
The case of the Complainant in short is that he had purchased one 1.5 H.P Usha Electrical Motor Pump set on dtd. 02-11-2016 on payment of Rs. 8.500/- from the O.P No.1 and obtained a receipt along with warranty card for a period of one year. But after one week the same pump set was not functioned. So, he approached the O.P who advised him to purchase one service wire. Accordingly, he purchased the service wire but the same pump set could not function. The defect was not complied by the O.Ps in spite of repeated approach, for which the Complainant sustained heavy loss both financially and mentally. Hence , he has filed this complaint due to deficiency in service on the part of the O.Ps and claimed for a direction to the O.ps to provide new pump set along with compensation of Rs. 5,000/- only and Rs. 2,000/- for his mental agony with 9 % interest .
The O.Ps were set exparte as they failed to file their version in spite of getting notice from the Forum. We have heard the Complainant and the learned counsel appearing on his behalf. We have gone through the complaint petition and the copies of the documents filed by the Complainant in support of his case. It is seen from the documents that the Complainant had purchased one Usha pump set from O.P No.1 and obtained one money receipt for Rs. 8,500/- and the warranty card was issued in his favor for one year by the O.P No.2 . It is the duty of the O.Ps to rectify
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the defect of the pump set within warranty period but they failed to provide proper service to the Complainant who is a bonafide Consumer under the O.Ps. So, the O.Ps committed deficiency in service on their part, for which the Complainant sustained financial loss and mental agony. Hence, the complaint filed by the Complainant is allowed exparte against the O.ps.
The O.ps are jointly and severally directed to provide a new pump set to the Complainant within 30 days from the date of receipt of this order along with compensation of Rs. 3,000/- for harassment and mental agony of the Complainant . In case of failure the O.ps are directed to pay Rs. 8,500/- the purchase value of the pump set to the Complainant along with compensation of Rs. 3000/- with 9 % interest per annum on the entire amount from the date of this order till the date of payment.
The C.C is disposed of. Supply free copies of this order to both parties at an early date.
MEMBER MEMBER PRESIDENT
