SRI R.S.NAYAK, MEMBER … The brief history of case is that, the complainant being alluring with attractive advertisement through agent of OP at Nabarangpur had procured a Saree for his spouse for Rs.3225/- from the shop of OP on dt.29.5.2017. But after seven days of its purchase when the user opens it for use she found three damages in three different portions of saree and it was not suitable for use. So the complainant informed the facts to the OP over phone who asked the complainant to come with the defective saree for its replacement on 7.6.2017. Hence the complainant had been to Jagadalpur and handover the saree along with invoice of the product, but the OP said that presently there is no stock of same saree, therefore he seeks two weeks time for its replacement. When the complainant approached the OP after two weeks he again ask him come after another one week, and in the meanwhile the complainant five times visited to Jagadalpur to the shop of OP spending huge amount of money but the entire efforts became fruitless. Though the OP returned back the defective saree but did not return the money receipt to the complainant. So the counsel for complainant contends that despite repeated personal and phone approaches and even after issuance of a legal notice, the OP did not responded, hence this complaint. Therefore he contends that there is deficiency in service and unfair practice on the part of OP, so he prayed to direct the OP to refund the cost of saree along with a sum of Rs.50,000/- as compensation and Rs.5000/- as cost of litigation.
2. The counsel for complainant has filed copy of price slip of saree, copy of legal notice and an affidavit in support of his claim. The OP neither appeared nor filed his counter in spite of lapse of long 08 months, hence we declared the OP as ex parte as per provisions envisaged in the Act, and so we are going to proceed with the case on evidences as available in record on merit. The counsel for complainant heard the case at length. Submissions considered.
3. It reveals from record that the case is filed on dt.04.10.2017 and on dt.12.10.2017 this forum served notice along with complaint to the OP through registered post but the OP in spite of receipt the notice deliberately silent over the entire matter and did not feel it proper to appear or file counter in the case, which shows the highhanded and arbitrary action of OP. Further it is seen that prior to file this present complaint the complainant had served a legal notice from his learned counsel on 24.07.2017 but the OP.s had not replied to that notice. In the meanwhile the complainant time and again personally approached the OP and also approached through phone but also for no use. As far as jurisdiction is concerned the counsel for complainant has vehemently argued that the OP has carrying his business of profit within the Nabarangpur District through his agent, hence the forum has absolute jurisdiction to adjudicate the present matter. On the other hand the OP did not context on the point of jurisdiction raised by the complainant, hence we are brush off any doubt on the point of jurisdiction without appearance and filing counter on the part of OP.
4. From the pros and cons of the case, it is found that action of OP.s is against the principles of res judicata, per se, we found arbitrary and unfair practices on the part of OP.s which amounts to deficiency in service, as thus the complainant is lawfully entitled for relief, so the complaint is allowed against OP with costs.
ORDER
i. The opposite party supra is hereby directed to pay the cost of the Saree a sum of Rs.3225/- (Rupees Three thousand two hundred & twenty five only) in place of the so called defective saree, inter alia, to pay Rs.2,000/-(Two thousand) as compensation and a sum of Rs.1000/-(One thousand) towards the 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 shall carry 12% interest per annum till its realization. Pronounced on this the 6th day of June' 2018.
MEMBER PRESIDENT,DCDRF,
Memo No___________/DF Dt…………………
PRESIDENT,DCDRF,
NABARANGPUR.
