District Consumer Dispute Redressal Commission, West Singhbhum at Chaibasa Present: - 1. Sri Vijai Kumar Sharma, President, 2. Smt. Aparna Mishra, Member, 3. Sri Rajiv Kumar, Member. C.C. No.15/2018 Sonali Hemram,W/o Shri Govind Chandra Boipai, Resident of Tungri Chaibasa, P.O Chaibasa,Thana Chaibasa sadar West Singhbhum…………….…Complainant Vs. R. B. Enterprises Chaibasa, West Singhbhum ……………………….O.P. Advocate of the Complainant…………………… None (Self) Advocate of the Opposite Party …………………None (Ex-Parte) Chaibasa, Dated: the 10th May of 2022 JUDGMENT (Ex-Parte) This case has been filed by Complainant against O.P. for an award of Rs.57500.00 including physical, mental harassment and for litigation cost against O.P. for deficiency of service. Briefly Stated Case of the complainant Sonali Hemram wife of Shri Govind Chandra Boipai,Mohalla Tungri,Post office Chaibasa, thana Chaibasa Sadar,West Singhbhum Jharkhand is that she is Consumer of R.B Enterprises,Chaibasa West Singhbhum because She bought a Refrigarator from O.P dated 16.102017 for Rs- 17500.00 only. Further that within two months the refrigerator which is sold by the O.P was burned and became nonfunctional on 08.12.2017. After that Complainant informed this matter to the O.P but the O.P did not take any proper step nor repaired nor exchanget burned Refrigerator from new one which was within the guarantee period. After that Complainant also claimed that the Refrigerator sold by the O.P was defective piece and this fact was informed by the Complainant to the O.P but the O.P neglected and denied to return back which shows deficiency of service from the O.P side. After that Complainant visited several times to the O.P shop but no any positive reply nor any step has been taken by the O.P. Further due to such activities of O.P instant case has been filed by the Complainant for an award of Rs- 57500.00 including mental and Physical harassment for Rs-20000.00 and litigation cost for Rs-20000.00. After admission of the case notice was issued to the O.P. on 24.05.2018 and after issuance of notice when O.P. did not appear in this case despite issuance of notice and after several dates then vide order dated 16.05.2019 O.P was debarred from filing show-cause and proceeding of the case stood started ex-parte against O.P. and complainant was directed to adduce evidence in this case. Complainant has adduced affidavited evidence and documentary evidence in support of complaint case. Complainant also adduced photo copy of receipt of R.B Enterprises for Rs-500.00 dated 16.10.2017 as booking amount and challan of Rs-17500.00 including G.S.T vide invoice No.1262 dated 16.102017 against the refrigerator sold by the O.P. on 16.10.2017 in favour of the Complainant. Since proceeding of this case has been ex-parte against O.P. So whatever evidence has been adduced in support of the case that will be the basis for finding in this case. FINDING On perusal of case record we find that complainant Sonali Hemram has filed instant case against O.P R.B. Enterprises and at the state of evidence she has filed her affidevited evidence in support of the Complaint. . Further a photocopy of token amount of Rs 500/ - given with respect to the purchase of fridge out of the total amount Rs 17,500/ , and photocopy of Challan issued by the R.B. Enterprises on 16.10.2017 vide invoice no 1262 amounting Rs 17,500/- including GST issued in favor of Complainant has been filed and sealed envelope with some picture has also been filed in support of the case but at the outset it is worthy to mention that legal formalities in view of evidence Act has not been performed by the complainant so we can’t take into account photo filed in the covered envelope rather oral and documentary evidence as mentioned above will be considered in this cases as evidence . On perusal of Affidavited evidence it transpires that complainant has supported her complaint filed in the prescribed format by stating therein that she is consumer of O.P. in this case and she has filed this case against the O.P. regarding deficiency of service with respect to selling of a refrigerator. Further that she has paid Rs 17,500/- as purchased value of the refrigerator on 16.10.2017 from the shop of OP. but after passing of almost 2 months only the refrigerator stopped functioning on 08.12.2017 rather the same got burned and in this regard she informed O.P. R. B. Enterprises situated at Chaibasa but despite information the O.P neither repaired the Refrigerator nor replaced the Refrigerator with new one and rather O.P bluntly refused to give any service in this regard and also he didn’t take back damage piece of refrigerator despite several requests made by the complainant rather he misbehaved with the complainant . Further it has been stated that she is poor lady and she has been harassed by the O.P due to bad behavior and also she has sustained mental and physical harassment including monetary loss. Further after receiving the notice, OP intentionally not appeared in this case and she has sustained economic loss too. Lastly due to conduct of OP, Complainant has suffered mental, physical and economic loss also and accordingly prayer has been made to pass an award Rs 17,500 regarding fridge price, Rs 20,000 for litigation cost and Rs 20,000 for mental harassment total amounting Rs 57,500/ only. In addition to above affidavited evidence, complainant has also filed a receipt issued by O.P in her favour One photocopy related for the booking amount of Rs 500/- on 16.10.2017 and 2nd one is invoice no 1262 dated 16.10.2017 for Rs 17,500/- for purchase of one Samsung Refrigerator, model no RR20M282YU3/NL, Serial No 0AAS42AJ800557 and total amount Rs 17,500/- including GST also. Since O.P has not appeared in this case, then we have not any reason to disbelieve the oral and documentary evidence of adduced by complainant in this case. Further photocopy of the documents as discussed above clearly shows that OP R.B. Enterprises has sold one Samsung Refrigerator bearing model no RR20M282YU3/NL Serial No 0AAS42AJ800557 for Rs 17,500/- and above refrigerator has been sold to the Sonali Hembram , resident of Tungri on 16.10.2017 and as per the complainant , refrigerator stopped functioning on 08.12.2017 within 2 months from the date of purchase and it is clearly presumed that refrigerator stopped functioning within the warranty period and complainant has clearly stated on oath that she has made complaint about no functional of the refrigerator several times by visiting shop of the OP but OP neither repaired the damaged piece of Refrigerator nor Refrigerator was replaced by new one rather she was maltreated by O.P. As per warranty rule, O.P must have attended the complaint and O.P must have either repaired the damage piece or replace the piece with new one which was not done by O.P and it is clearly deficiency of service on behalf of O.P. Keeping in view oral and documentary evidence adduced on behalf of complainant and also facts and circumstances as narrated by complainant in this case, we are of the view that there is deficiency of service from the OP side and complainant is entitled for relief in this case. Accordingly it is therefore ORDER That case is Decreed Ex-parte against O.P and O.P is directed to pay Rs 17,500/- (Seventeen thousand five hundred only) @ 9% interest from the date of judgement till the final realization to Complainant. Further O.P is also directed to pay Rs. 5000.00(five thousand only) as litigation cost and Rs. 5000.00(five thousand only) as compensation towards physical and mental harassment to Complainant within One month from this judgement communicated to him. Let a free copy of this judgement be furnished to both the parties for their information and compliance. (Rajiv Kumar) (Aparna Mishra) (Vijai Kumar Sharma) Member Member President | 
