DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR
CONSUMER COMPLAINT CASE NO. 10 OF 2022
Janardan Giri,aged about 76 yers,
S/O-Late dadhibamana Giri,At-Gopalpur,P.O-Badaposhi,
P.S-Sadar,Dist- Keonjhar(Odisha)
Propritor of sheetal shakti Enterprises,Keonjhar…………………..…………………………………Complainant.
Verus
1.Propritor of Machinery tools(india),At.348,Shop No 5,
Saraswati Tower,Cuttack Road,Bhubaneswar,
Odisha 751006 ……………………………….………………… Opp.Parties.
Present:
Biranchi Narayan Patra, President
Sri Bharat Bhusan Das (Member)
Advocate for complainant- Self
Advocate for Ops -Set-Exparte
Date of Filing - 15.02.2022 Date of Order- 10.08.2022
B.N Patra (President)
Brief fact of the case is that The complainant was running a water servicing unit in the name and style as SHEETAL SHAKTI ENTERPRISES at Chandposi Chhak , Pipilia ,Keonjhar for his livelihood on dtd 13.11.2021 complainant purchased a high pressure washer GC-1600PSI from Ops and paying a sum of Rs.35,000/- with proper receipt.
But the said Machine became defective its showed problem at first sound of knocking . But it is automatically stopped running on 11.12.2021. The petitioner intimated the matter to Op and on the request of the Ops the Machine was sent to work-shop of Ops for repairing but the Op could not check it otherwise delayed for which the petitioner filed this case against Ops for unfair Trade Practice and Deficiency Of Service .
On the above allegations the case was admitted notice issues to Ops but the Op could not appear and filed written version , notice was sufficient served by Op . So , the Ops was set-exparte .The complainant relies on the following documents-
1.Copy of money receipt (Xerox)
2.Xerox copy of manual of high presser washer
3.Pleader notice
4.Bank statement
In the above situation it is necessary to attend the following issues.
- Whether the complainant is a consumer or not ?
- Whether the Op has made Deficiency of Service ?
- Whether the Op has supplied a manufacturing defect articles?
- Whether the complainant is entitle to get any relief?
- - The complainant has purchased a High Pressure Washer from OP having No GC-1600PSI on dtd. 13.11.2021 with proper receipt for the sum of Rs.35000/- for his own livelihood . So he is a consumer.
ISSUE-2 & 3 -In this case the Op is a supplier of machinery and Tools of GAO CHENG company. so OP is an authorized dealer of company. It is not disputed that Op has supplied the High Pressure Washer .When the machine stopped functioning ,it was intimated to OP for service and repairing within six months of purchase. As per Warranty card in machinery defect was intimated to the OP. But the company or its supplier could not take necessary steps to solve the mechanical problem rather it is seen that the machine was kept in custody of OP without any repairing and the Op could not take necessary steps to attend the technician or Expert . So the OP has made deficiency Of Service for which complainant got monetary loss and mental harassment. In the above circumstances on dtd.01.03.2022 pleader notice was sent to Op to take necessary steps or refund the purchase amount.
ISSUE-4- In this case the OP has not appeared and also not file written version to contest the case. It is cleared that the OP has nothing to say. The complainant has sustained monetary loss, mental agony by purchasing the defective product. The supplier or its company has not given proper service. So, the complainant is entitled to get relief in this case.
-
The OP is directed to replace the new Machine of same model to the complainant or pay of sum of Rs.35,000/- and Rs.15,000/ towards mental agony , harassment and litigation charges within 30 days of this order, if failed Op is directed to pay entire amount i.e Rs.35,000/- + Rs.15,000/- = Rs.50,000/- at the rate of 6% P.A till final realization.
The order pronounced in open Commission today i.e on 10th August. 2022.
Free copy be supplied to parties, if applied for.
Pronounced on 10th August .2022
I agree
( Sri B. B. Das) ( B.N Patra )
Member (President)
DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
( B.N Patra )
(President)
DCDRC,Keonjhar