Orissa

Rayagada

CC/238/2016

Sri Subash Ch. Choudhury - Complainant(s)

Versus

Proprietor Sagar General Store - Opp.Party(s)

Self

22 Dec 2017

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 238 / 2016.                                       Date.      22. 12   . 2017.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                          President

Sri Gadadhara Sahu,                                                                       Member.

Smt.Padmalaya Mishra,.                                                                Member

 

Sri Subash Chandra Choudhury, S/O: Late Kalia Choudhury, At:Kankubadi, Po:Bankili,  Dist.Rayagada, State:  Odisha.                                                                                                                                             …….Complainant

Vrs.

1.The Propritor, Sagar General Store, Main Road, Po/Dist: Rayagada(Odisha).

2. The Managing Director, TTK Prestige Ltd., Sipoct Industrial complex,  Hosur- 635-126.

3.Propritor, TTK Prestige Ltd., C/O: Nelachal Agencies, plot No.3195,Anshumala, Professorepara, Cuttack- 753 003, State: Odisha.                 .…..Opp.Parties

Counsel for the parties:                                 

For the complainant: - Self.

For the O.Ps  :- Set exparte.

                                                          J u d g e m e n t.

          The  present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non refund of  price  towards  Prestige  Induction Cook-top.  The brief facts of the case  has summarised here under.

          That the  complainant  had purchased a  Prestige  Induction Cook-top  from the O.P. No.1 on Dt. 18.6.2916 by paying cash payment of Rs.2,600/- having bill No. 67 Dt.18.6.2016  with one year warranty.  But unfortunately after one week of the purchase the said induction cook top is not functioning.   Inspite of repeated repair  by the O.P. No.1 the same problem has arises and the complainant  has came to Rayagada  from time to time  for replacement of the above set  but he has denied  for the replacement of the same.  Hence  this case. The complainant prays the forum direct the O.P.  to replace the same with a new one  inter alia to pay  Rs.10,000/- towards mental agony and such other relief as the hon’ble forum deems fit and proper for the best interest of justice.

          The O.Ps  were   not appeared pursuant to the  notice  and was proceeded  exparte. In view of justice as contemplated U/S- 13 (2) (b) (ii) of C.P. Act, 1986 as the statutory period  for filing  written version was over to close the case with in the time frame permitted by the C.P. Act.

                The complainant has been heard at length & perused the records.

.               From the records it reveals that, the complainant has purchased a Prestige  Induction Cook-top  from the O.P.No.1 by paying a sum of Rs.2,600/- with voucher vides no.67 dtd.18.6.2016. But unfortunately after delivery of around one week the above  set found defective and not functioning. The complainant complaint the OP.1 for necessary repair in turn the OP.1 receive the above set and sent it to the other OPs but after 15 days they returned the set after repair.  That again the complainant handed over it to the OP.1 regarding the defect, who again sent it to the OP.No. 3  but they return back the above set in cyclostyled manner. The complainant further approached the Ops for return the money which he spent but for no use.

.               From the records it is seen that, the complainant has filed Xerox copy of purchase bill.  Hence it is abundantly clear that, the complainant has repeatedly approached the OP.no.1 (Service Station) for the defective of above  set with complaints where in the OP.no.1 found defect & noted with a comment.

                On examining the whole transactions, it is pertinent to mention here that, there is One year valid warranty for the alleged above set and the defect arose after One week of purchase. As the Ops deliberately lingering to file their written version or any other documents after lapses of above 03 months, and observing the present situation, and nothing adversary to the complainant as adduced by the OP. the forum relying on the version of the complainant is of the view that, the alleged  set has inherent defect and there is vivid deficiency in service by the Ops declining to redress the grievances of his consumers i.e.  the present complainant, hence the complainant is entitled to get the price of the said set or a new same set instead of the defective one along with such substantial compensation for all such harassment having been impounded with mental agony and deprivation of the use for the same  for long time  and so also the cost of litigation. We found there is deficiency in service by the Ops and the complainant is entitled to get relief.

                On appreciation of the evidences adduce before it, the forum is inclined to allow the complaint against the Ops.

                                                                                O R D E R

                In the resultant the complaint petition  is allowed  on exparte against the O.Ps.

                The O.P. No. 2 & 3  are directed to pay the price of the  Prestige  Induction Cook-top  a sum of Rs. 2,600/- besides  to pay an amount of Rs.500/- (Rupees Five hundred) towards litigation cost to the complainant.

                The O.P. No.1 is ordered to refer the matter to the O.P. No.2 & 3 for early compliance.

                The entire directions shall be carried out with in 45 days from the  date of receipt   of this order.

                Pronounced in the open forum on           22nd      day of December 2017.

PRESIDING MEMBER                       Presiding   MEMBER                                              PRESIDENT