DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Dated the 26th day of April, 2019
C.D Case No. 58 of 2018
Bhaskar Padhi
S/O Late Dinabandhu padhi
At/po- Olanga
Via- Randiahat
Po- Bhadrak®, District- Bhadrak. .................Petitioner
(Versus)
- The Director , SANSUI INDIA Ltd , Company
17th Floor, Mittal Court- C- Wing
Nariman Point , Mumbai- 400021 , Maharastra.
- The Manager , Service Centre , Sansui Company
Near Motel Chhak N.H – 16 , Gabasahi, Bhadrak.
At/po/Dist- Bhadrak.
- The Authorized Dealer of Konark Enterprises,
Acharyanagar (Near Satsang Mandir) , Bonth Chhack.
District- Bhadrak. ……………… Opp. Parties.
For the Complainant: Sri B.K Mohanty and others,Advocates
For the Opp.PartiesNo.1 & 2: Ex-parte.
For the Opp.PartiesNo.3: Sri A.Mishra , Advocate.
Date of hearing : 22.04.2019
Date of order : 26.04.2019
Sri Raghunath Kar, President.
This dispute arises out of the complaint filed by the complainant alleging deficiency in service against the O.Ps.
The back ground facts disclosed in the complaint are to the effect that complainant purchased one Sansui LED 24FB-29CKF TV , Sl No. 211016110291600366 from O.P.No.3 for a consideration of Rs.10,500/- vide receipt No.10004 dt.09.03.2017 . The TV set in question functioned well till 10.02.2018. On 10.02.2018 complainant found Majour defect on TV and since then the TV did not function well. On the same day complainant lodged a complain before the O.P No.3 at Konark Enterprises Bhadrak and the same was registered Vide reference No. 13HU1202180016. In response to the complaint, on 19.02.2018 the service engineer of O.Ps visited the TV set and suggested to shift the TV to nearest service center at Bhadrak for repairing. Accordingly the TV set produced before the service center of O.P No.2. The O.P No.2 retained the TV and assured to refund within 7 days with good condition. But till elapse of five months from the date of production of the TV before the O.P No.2 , failed to repair and refund the TV. The disputed TV in question is still now with the O.P No.2. Despite personal request and advocate notice served , O.Ps did not respond to the grievances of the petitioner. Complainant deposited the TV set before O.P.No.3 to provide required service as it was within warranty period but O.P No.3 kept with him for years together. Such acts of O.Ps have caused mental agony and harassment. Complainant has therefore filed this case seeking direction to O.Ps to pay Rs.50,000/- towards compensation for mental agony and harassment and to refund a new TV of same model or to pay the cost of the TV with interest.
O.P.No.1 refused to accept the notice issued by this Forum & O.P No.2 neither appeared nor filed written version and hence both O.P No. 1 & 2 have been set ex-parte.
O.P.No.3 appeared through his legal representative but did not preferred to take part in hearing nor filed written version and hence has been set ex-parte.
Undisputedly, complainant had purchased one Sansui LED 24FB-29CKF TV , Sl No. 211016110291600366 from O.P.No.3 for a consideration of Rs.10,500/- vide receipt No.10004 dt.09.03.2017 . On 10.02.2018 complainant found Majour defect on TV which was within the warranty period of One year from the date of purchase i.e 09.03.2017 and since then the TV did not function well.
The cause of action of this case arose on 10.02.2018, on which the complainant lodged complain upon the O.Ps & the same was registered Vide reference No. 13HU1202180016 on 19.02.2018. But it is matter of regret that the O.Ps remained silent. The nonresponce of the O.Ps towards the grievance of the complainant caused serious deficiency of service towards the complainant. Subsequently the complainant filed this CD Case in this Forum. The case was admitted, notices were issued to the O.Ps, they received the same but neither appeared in this Forum nor filed any written version. As a result of which on 29.09.2018 the O.Ps No.1 was set ex-parte for refusal of court notice and both O.P No. 2 & 3 were set ex-parte on 10.01.2019 for disobedience of court notice by O.P No.2 & for non filing of written version by O.P No.3 .
It is cited in volume No. 34 (1992) OJD-104-Odisha that “Inaction & silence are serious type of deficiency”. As the O.Ps have not filed any written versions and carelessly avoided their appearance in this Forum. Hence the claims of the complainant stand allowed absolutely.
The consumer Protection Act 1986 (hereinafter referred to as "the act") was enacted inter-alia to provide for better protection of the interest of the consumers. The applicability of the said act in the instant case is not in dispute. The dispute between the parties is admittedly 'the Consumer Dispute' within the meaning of Section-2(e) of the act. It is further not been disputed that there has been a "Deficiency of service". The deficiency has been defined in section 2 (g) of the act:
"Deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been under-taken to be performed by a person in pursuance of a contract or otherwise in relation to any service".
Section-14 of the act provides all the power to the forum to issue an order to the opposite party directing him to do one or more of the things satisfied therein including;
(b) to replace the goods with new goods of similar description which shall be free from any defect;
(c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant....."
In view of aforesaid decisions we are inclined to allow the complaint.
. Accordingly, it is ordered:-
O R D E R
The complaint be and the same is allowed ex-parte against O.P s.
O.Ps No.3 is directed to replace the old TV with a new one with fresh warranty or to refund Rs.10,500/- the cost of the TV which shall be reimbursed by the O.P No.1. The O.P No. 1 & 2 are to pay Rs.1000/- towards compensation for mental agony and harassment as well as to pay Rs.2000/- towards cost of litigation within one month hence , failing which said O.Ps shall have to pay interest @ 9% P . A on the ordered amount till the date of realization.
This order is pronounced in the open Forum on this the 26th day of April ,2019 under my hand and seal of the Forum.
