Jharkhand

StateCommission

FA/40/2013

M/s Raylet Services - Complainant(s)

Versus

Sharwan Kumar Agarwalla - Opp.Party(s)

Mr. Binod Linda

25 Jul 2014

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
First Appeal No. FA/40/2013
(Arisen out of Order Dated in Case No. of District State Commission)
 
1. M/s Raylet Services
4, masjid Road Golmuri, P.O. & P.S.- Golmuri, Town- Jamshedpur, District- East Singhbhum
...........Appellant(s)
Versus
1. Sharwan Kumar Agarwalla
Girls School Road, Jhgsalai, P.O. & P.S.- Jugsalai, Town- Jamshedpur, Dist.- Singhbhum East
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MR. Ajit Kumar MEMBER
 
For the Appellant:
For the Respondent:
ORDER

25-07-14 – The reasons for delay in disposal of this appeal can be seen from the ordersheet.

Inspite of the order dated 12.05.14 fixing this case for final hearing/for passing ex-parte order, neither party appears.

2.       Perused the records.

3.       The delay of about two months in filing this appeal is condoned.

4.       The complainant/respondent filed the complaint case in question claiming the cost of water purifier i.e. Rs. 14,950/-; Rs. 1,550/- the cost of additional fitting; Rs. 40,000 for harassment and mental agony; of Rs. 20,000/- for compensation for deficiency in service; and Rs. 20,000/- for litigation cost.

5.         The case of the complainant in short is that he purchased KENT Guard Mineral RO Water Purifier from the O.P. no. 1 /appellant, on 13.02.2008 but after two months i.e. within warranty period, various trouble started in the machine which were not rectified/removed inspite of several written requests to both the opposite parties.

6.       Inspite of service of notice on opposite parties they did not appear and therefore the case was heard and decided ex-parte, by learned District Forum.

7.       Learned District Consumer Forum, after considering the materials available on record, found that the complainant proved that the opposite parties did nothing to remove the defects in the machine nor did replace it inspite of repeated requests in writing. The Learned Consumer Forum therefore directed the opposite Parties to pay Rs. 14,950/- being the price of the machine; Rs.1,550/-  being the cost of additional filling and also Rs. 10,000/- as compensation for mental agony and harassment and Rs. 2,000/- as litigation cost.

          The complainant was directed to handover the defective machine to the O.P. no. 1 within sixty days.

8.       We find no reason to interfere with the aforesaid findings of the Learned District Consumer Forum, which are based on due consideration of the materials on records.

          In the result, this appeal is dismissed. 

Issue free copy of this order to all concerned for information and needful.

Ranchi,    

      Dated: 25.07.2014

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT
 
[HON'BLE MR. Ajit Kumar]
MEMBER

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