Orissa

Rayagada

CC/387/2016

Sri Pratap Ratan - Complainant(s)

Versus

The CEO Home, Shop-18 - Opp.Party(s)

Self

12 Sep 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 387 / 2016.                                       Date.   12     .9. 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                   President

Sri GadadharaSahu, .                               Member.

Smt.  Padmalaya  Mishra,                          Member

Sri Pratap Ratan, S/O: Late Bhagawan Ratan, At:J.K.Pur, Quarter No. SPT-3/14, Dist:Rayagada        ,State:  Odisha. 765 017.                                             …….Complainant

Vrs.

1.The Manager,CEO, Home shop-18, 7^th. Floor, FC-24, Sector-16A, Film city, Noida, Pin No.201301, Utter Pradesh, India.

2.The Manager, Customer Care, Home shop-18, 7^th. Floor, FC-24, Sector-16A, Film city, Noida, Pin No.201301, Utter Pradesh, India.

3.Sri Alpha Radios Shop No.1900, Near  Shisganj Gurudwara, Chandini Chowk, Delhi-110006.                                                                                                                  .…..Opp.Parties

Counsel for the parties:                         

For the complainant: - Sri R.K.Padhy, Advocate, Rayagada.

For the O.Ps :- Set  exparte.

                                J u d g e m e n t.

        The  present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non refund   a sum of  Rs.3,648/- towards supply  of Unic 3G calling tablet which was defective one. The   brief facts of the case are summarized here under.

       The O.P. No.1 has given advertisement in the Television  Channel for sale of a product Unic-3G calling tablet with free Key board and MP-3 Neckband along with  the said tablet  @ Rs.3,468/- which was with option of payment as  cash delivery.  They have also assured for three years guarantee of the product.  Keeping good faith on the said advertisement  the complainant  had  ordered  for one piece  of the said  product with free Keyboard and MP-3 Neckband.   After 10 days  the complainant had  received the said package  on payment of Rs.3,648/- as cash on delivery, but it was utter surprised on the part of the complainant that the said tablet was not working  properly as it was a defective piece so immediately  the matter was  informed to the O.Ps and as per their direction the  complainant had returned  the above product to the O.Ps  through  Indian post. In turn   on Dt. 24.8.2016 the complainant had received the above product from the O.Ps  which was also found  defective one. So the complainant  approached the O.Ps for refund of  price of the above product but the O.Ps paid deaf ear. Hence the  C.C. case. The complainant prays the forum direct the O.Ps to refund the cost of goods  i.e. Rs.3,648/-along with interest  inter alia courier charges  a sum of Rs.1,000/- and such other  relief  as the hon’ble forum deems fit and proper for the best interest of justice.

 

On being noticed the O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  10 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 2 years  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

We therefore constrained to  proceed to dispose of the case, on its merit.  Heard from the complainant.   We perused the complaint petition and the document filed by the complainant.

                                                Findings.

During the exparte  hearing the complainant examined himself and proved the payment  of the  money  to the O.Ps, copies of the  same is  in  the file  which is marked as Annexure-I.    The complainant also filed courier cover  copies of the  same is  in  the file  which is marked as Annexure-2.   The complainant also argued  due to non refund  of the above money he  suffered a lot of financial trouble  and mental agony. The complainant prays the forum as the  O.Ps have   not heard any  grievance of the complainant till date   so the  O.Ps  be  directed to refund the  amount a sum of Rs.3,648/-as   the O.P. had delivered defective product which  is not used by the  complainant.

After carefully examining the evidence on record, we find no cogent reason  to disbelieve or discard the evidence already adduced by the complainant. The documentary evidence  tendered by the complainant clearly tends support and absolute corroboration   to  the evidence.  

In absence of any rebuttal materials from the side  of   O.Ps  there is no reason to disbelieve the evidence put forth  by the  complainant  before the forum  whose evidence  suffers from no infirmity. The evidence adduced by the complainant  clearly leads us to arrive at a just conclusion that there is not only deficiency  in service  but also negligence  on the part of the O.Ps  in not   refunding  the amounts a sum of Rs. 3,648/-  to the complainant  towards supply of defective product   as per the  provisions laid down under section- 14 of the  C.P. Act.

On careful analysis   of the evidence on record both oral and documentary, we are clearly of the opinion  that  inspite of doing the needful, the O.Ps are failed to redress the grievances of the complaint which amounts to  deficiency in service  as a result the complainant was constrained  to file this complaint before the forum claiming the relief as sought for.  In that view  of the matter the O.Ps  jointly and severally liable.

On examining the whole transactions, it is pertinent to mention here that, there is three years valid warranty for the alleged above set and the defect arose after One week of purchase. As the OPs deliberately lingering to file their written version or any other documents after lapses of above 2 years, and observing the present situation, and nothing adversary to the complainant as adduced by the OP. The forum relying on the version of the complainant is of the view that, the alleged  set has inherent defect and there is vivid deficiency in service by the OPs declining to redress the grievances of his consumers i.e. the present complainant, hence the complainant is entitled to get the price of the said set along with such substantial compensation for all such harassment having been impounded with mental agony and deprivation of the use for the same  for long time  and so also the cost of litigation. We found there is deficiency in service by the OPs and the complainant is entitled to get relief.

                On appreciation of the evidences adduce before it, the forum is inclined to allow the complaint against the OPs.

                                                                                O R D E R

                In  resultant the complaint petition  is allowed  on exparte against the O.Ps.

                The O.Ps are directed to return back the defective product from the complainant  by paying the price of the Unic 3G calling tablet a sum of Rs. 3,648/- besides  to pay an amount of Rs.2,000/- (Rupees two thousand)only  towards  compensation  for mental agony  inter alia  litigation cost to the complainant.

                The entire directions shall be carried out with in 30 days from the  date of receipt   of this order.

                Dictated and  corrected by me.

                Pronounced in the open forum on         12^th.            day of   September, 2018.

 

 

MEMBER                                                                              MEMBER                                                    PRESIDENT