MR. BIBEKANANDA DAS, MEMBER:-
This C.C.Case No. 37/2021 is taken up today for order. Complainant purchased two electronic items i.e AC & Washing Machine from the trader Mayuree Home Appliances, Badahat, Kendrapara. Complainant has no grievances relating to AC but only grievances relating to washing machine paid with a consideration Rs. 23,500/- on 18/05/2019. The washing machine dysfunct and the same defect was not removed by Ops i.e, neither by manufacturer nor by trader. The Complainant stated in his pleading/averments that, the cause of action continue from 2020 and the Ops committed to remove the defect but lastly on 20.10.2021 refused to remove the defect, therefore the cause of action continue till filing the C.C.Case and no period of limitation barred for redressal of the same before this Commission.
Heard Ld. Counsel for Complainant and authorized person appeared for Op No.1 Samsung India Electronic Pvt. Ltd. Perused the materials available on record with written version of Ops. OpNo.2 set ex-parte.
We have gone through the money receipt, complaint on online copies, warranty card. The warranty card provided those have purchased proof can only raise warranty claim which is available on record. The terms of warranty card on its types of services offered for 24 months to 36 months from date of purchase minimum 12 months maximum 36 months on various parts of washing machine. The Op No.1 sale through OpNo.2 the electronics items, appliances, if the product shown defect the same must be removed by free of cost or paid service, neither OP No.1 removed the defect nor the Op No.2 who is also responsible equally by the legal term “Joint liability and also vicarious liabilities”.
The Appliances purchased in 2019 and deficiency in service and unfair trade practice by the Ops already done as we have seen from record. Therefore already 5 years have been passed and no equitable justice is done to replace the product. Compensation for mental agony and litigation cost will be just & proper for interest of justice under a beneficial legislation enacted only to safeguard the injustice caused to the innocent consumer. The OpNo.1 categorically denied all the allegation made by the Complainant which is untenable in eye of law. The Op No.2 not appeared shows a disrespect to a quasi-judicial body in the district after sufficient notice for which this Commission impose a fine Rs. 10,000/- on Op No.2. The Op No.1 also shall pay Rs. 5000/- as mental agony and harassment undergone by Complainant which is just & proper.
O R D E R
It is directed that the Op No.1 shall pay Rs. 5000/- to Complainant and OpNo.2 shall also pay Rs. 10,000/- to the Complainant towards compensation within one month from the date of this order, failing which the Ops are liable for execution as per C.P.Act, 2019. The C.C.Case is allowed.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 14th day of March,2023.
I agree,
Sd/- Sd/-
PRESIDENT MEMBER
