Orissa

Cuttak

CC/86/2022

Purnima Khuntia - Complainant(s)

Versus

Sakambari Automobiles - Opp.Party(s)

P N Pattanaik & associates

20 Jan 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                C.C.No.86/2022

             Purnima Khuntia,

             W/O: Krushna Chandra Khuntia,

   At:Sagadia-Sahi, P.O:Buxibazar,

   P.S:Mangalabag,Dist:Cuttack.                              ... Complainant.

          Vrs.

 

1.            Sakambari Automobiles,

Represented through its Proprietor,

             At-Payton Sahi,P.O: Buxibazar,

             PS-Darghabazar,Dist-Cuttack

 

2.         DHOWNIEEVE, represented through

 Its Proprietor,At:Mahatab Road,

                         P.O:Buxibazar,P.S:Badambadi,

                         Dist:Cuttack.                                                         ...Opp. Parties.

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:    16.09.2022

Date of Order:  20.01.2023

 

For the complainant:            Mr. P.N.Pattnaik,Adv. & Associates.

For the O.Ps.                :          None.

 

Sri Debasish Nayak,President.

                                                         

Case of the complainant as made out from the complaint petition in short is that she had purchased one “Atreo” Battery vehicle from O.P no.1 by paying him a sum of Rs.65,000/- on 1.3.2021.  Due to defect in the said battery of the vehicle, it could not run properly and the third free service of the vehicle though was due on 1.3.2022, the same was given to the complainant on 7.3.22 on the plea of shortage of mechanical staff.  When the complainant agitated and drew the attention of the O.Ps to replace the defective battery, the O.Ps had not listened to her for which she had to issue pleader’s notice to them on 8.4.2022.  Ultimately when no fruitful result yielded, she has filed this case before this Commission claiming a sum of Rs.1,00,000/- from the O.Ps towards her mental agony and sufferance.

In order to support her case she has filed certain xerox copies of documents alongwith her complaint petition together with the copy of the pleader’s notice as sent to the O.Ps.

2.         Having not contested this case, the O.Ps were set exparte vide order dt.16.8.22.

3.         The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps.?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.II.

Out of the three points, point no.ii  being the pertinent one is taken up  first for consideration here in this case.

As it appears from the available documents in this case, the warranty policy for the battery of the vehicle of the complainant was for 12 months but with certain conditions thereto.  Since because the O.Ps have not appeared and have not entered into their defence, this Commission  is unable to get anything from their side in order to know if any of the said conditions of the warranty policy for the battery were violated.  Thus, from the available documents, this Commission now holds that infact by not responding to the claim of the complainant for replacement of a new battery, the O.Ps are found to be deficient in their service towards the complainant.  Accordingly, this point is answered in favour of the complainant.

Points no.i& iii.

From the discussions as made above, the case of the complainant is maintainable and the complainant is entitled to the reliefs but to a reasonable extent.  Hence it is so ordered;

                                    ORDER

Case is allowed exparte against the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to replace the battery of the complainant with a new one without any charge or in the alternative, refund the cost of the battery to her  and to pay the complainant a sum of Rs.20,000/- towards the cost of her litigation within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 20^th  day of January,2023 under the seal and signature of this Commission.  

                                                                                                                   Sri Debasish Nayak

                                                                                                                             President

         

 

                                                                                  Sri Sibananda Mohanty

                                                                                                                        Member