SMT. SYEDA SHAHNUR ALI, MEMBER(L)

          The complainant herein purchased a refrigerator LG (225) for a sum of Rs. 16,500/- in cash on 23.03.16 from a shop of the Opposite Party, Sahu Enterprises.

          On and from the date of its purchase the refrigerator showed some mechanical fault and the complainant presumed it to be defective. The complainant again and again went to the shop of the OP and complained about the defect of the refrigerator but no fruitful result was yield and the OP did not take any steps to rectify the fault.

          Lastly on 12.07.16 the complainant sent a registered letter with AD at the address of the OP, but said letter returned with the endorsement “Not known”.

          Hence, the complainant filed this case.

          Complainant files a tax invoice in support of purchase   receipt of the refrigerator.

          The OP did not appear in the instant case. Hence, the case is heard ex parte against the O.P.

          It is seen from the record that the OP has received summons of the instant case.

          Points to be considered in this case are whether or not the Complainant is entitled to the relief(s) sought for by him.

Decision with reasons

          Ongoing through the records and the documents filed by the complainant, we find that complainant purchased one LG (225) Refrigerator from Sahu Enterprises, Mahisadal, Purba Medinipur on 23.02.16 for a sum of Rs. 16,500/-.

          Ld. Advocate on behalf of the complainant argued that as because the OP was at fault he did not appear to dispute the statements made on oath by the complainant.

          Hence, we are of the view that the instant case succeeds against the OP.

          Hence,

O R D E R E D

          That the CC/154/2016 be and the same is allowed ex parte against the OP.

          The OP is directed to make necessary arrangements to change the defect of the refrigerator, in fault to refund the money with an interest of 6% per annum from the date of purchase of the refrigerator in default to pay Rs.5000/- as litigation cost to the complainant and compensation of Rs.10,000/- within forty days from the date of this order.

         The complainant will be at liberty to put this order into execution in case the OP fails to comply the order.

          Let the copies of the judgment be supplied to all the parties free of cost.