The facts of complaint is that, the above named complainant has procured an Electric Microwave Oven model No.CE 75JD-SB/XTL from the OP.no.2 by paying Rs.13,300/- on dt.17.03.2015. She contends that after 15 days of its use, the same appeared mechanical defects and it was not heating as its features. Hence on dt.02.04.2015 the complainant approached the OP.no.2 requesting to repair or replace the set, and on advise of OP.2, the complainant lodged complaint to their customer care i.e. 180030008282 & 18002668282 but who delivered assurances through SMS like ‘their service technician will visit to mend the same etc’ but for no action has yet been taken. After one month watching poor deportment of OP.1, again the complainant complained the Customer Care of OP.1 but for no result thereof. She finally approached the OP.3 with the set at Nabarangpur, who verifying the same said that the set has problem with its magnatone, but as the product had no warranty at that time he demanded Rs.3000/- for its repair. So the complainant to contend that, the product in question provided by the OP.s is a substandard quality and despite approaches, the OP.s neither repair nor replaced the same or pays its price to the complainant, hence the whole actions of OP.s is unfair, highhanded and illegal, which amounts to deficiency in service and for which act the complainant inflicted harassment with mental agony and financial losses. Hence the complainant craves the leave of the forum and prayed to refund the price of product along with a sum of Rs.50,000/- as compensation and Rs.5000/- as cost.

            The counsel for complainant has filed copy of some annexure as per his list of document along with supportive affidavit.

2.         The counsel for OP.No.1 entered his appearance and filed his counter in the case and averred that, the case is not maintainable as the complainant approached this forum not with clean hands. The contentions of complainant are self explanatory, false & frivolous and the complainant should put the same with strict proof. The complainant is not a consumer as the instant dispute is not a consumer dispute. He further contends that there is no deficiency in service by the OP.1, so prayed to dismiss the case with cost.

3.         The OP.2 & 3 neither appeared before the forum nor filed their counter despite of consecutive adjudications for above 03 months. Hence they set ex parte, as provisions envisaged in Sec.13(2)(b)(i)(ii) of the C.P.Act 1986, and the forum proceeded the case as evidences available in record.

4.         It reveals from the record that, the complainant had purchased the so called product from the OP.2 at Jeypore on dt.17.03.2015 and paid Rs.13,300/-. The complainant contends that after its use of just 15 days the microwave oven reported defect and it was not heating properly. The complainant personally requests the OP.1,2 & 3 for so many times but who delivered nothing except false assurances and lingered the claim over to its valid warranty period. So the complainant finding no other way approached the service care, OP.3 at Nabarangpur at belated stage who said that the product has problem with its magnatone and demanded Rs.3000/- to repair the same, but the complainant requested for free service as she facing problems from the first month of its purchase but the OP.3 bluntly refused her request but finally issued a job card to that effect dt.11.11.2016.

5.         It is seen from the whole adjudication that, the complainant approached the OP.s Company requesting to repair or replace the product, but the OP.s being duty bound could not render any service to meet her satisfaction. Further it is seen that, despite service of notice of this forum, the OP.s not taken any initiations to settled the claim of complainant in the case, which seems the highhanded, illegal and arbitrary actions of OP.s. We feel there is nothing to reject the contentions of complainant. Further we have personally examined the alleged product through demo and found manufacture defect. Hence in our view, we found guilty on the part of OP.s for deficiency in service, and the complainant inflicted severe mental agony and financial losses, as thus she is entitled for relief. However as the product detected manufacture defect, the complaint is allowed against the OP.no.1 with cost.

                                                                        ORDER

i.          The O.P.no.1 is hereby directed to pay the price of the product in question Rs.13,300/- (Rupees Thirteen thousand & three hundred) in place of the defective Microwave Oven in question, inter alia to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.2,000/- (Two Thousand) as cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 29th day of April' 2017.

       MEMBER                                                                        MEMBER, DCDRF,

                                                                                                  NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.