Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 30.05.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the price of Snack Maker to the complainant along with 18% interest from 18.07.2013 till full and final payment.
- To direct the opposite parties to pay Rs. 10,000/- as compensation.
- To direct the opposite party to pay Rs. 5,000/- as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that after being satisfied with the information available on the site of opposite party no. 1, he placed an order for delivery of the product namely Snack Maker. Thereafter, complainant was informed that his order has been received being order no. 013670. The aforesaid product was delivered to the complainant along with warranty card as will appear from annexure – 1 and 2. The complainant paid price of Rs. 1,599/-. After receiving the aforesaid Snack Maker from opposite parties, complainant discovered that it is not functioning properly and as such he requested the opposite parties to replace the said product with other piece of same description or to refund the amount. The aforesaid complaint was registered as no. 2334 and the complainant was assured that his grievances will be redressed shortly. The complainant has also gave reminder for redressal of his grievance but opposite parties took no any step in this regard.
From record it transpires that when the registered notice sent to opposite parties dated 05.10.2013 did not returned unserved then valid tamila was declared vide order dated 16.12.2016. When despite allowing several adjournments the opposite parties did not file written statement or even appear to place their point of view before this forum then this case was heard ex – parte.
It is needless to say that the complainant has stated aforementioned fact on solemn oath and there is no counter version of the opposite parties of the fact asserted in complaint petition. Hence we have no option but to accept the fact stated by complainant which clearly disclose deficiency on the part of opposite parties.
For the discussion made above we here by direct the opposite parties to return the price of Snack Maker i.e. Rs. 1,599/- ( Rs. One Thousand Five Hundred Ninety Nine only ) which had been paid by the complainant vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the above said amount of Rs. 1,599/- ( Rs. One Thousand Five Hundred Ninety Nine only ) till its final payment.
Opposite parties are further directed to pay Rs. 1,200/- ( Rs. One Thousand two Hundred only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member Member(F) President
