Haryana

Ambala

CC/141/2021

Anshul Bansal - Complainant(s)

Versus

Aggarwal Comfort Products Pvt Ltd - Opp.Party(s)

In Person

01 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	141 of 2021
Date of Institution	:	25.03.2021
Date of decision	:	01.05.2023

 

ANSHUL BANSAL S/O RAKESH BANSAL, Resident of H.No-43, Shivalic Colony, Near AMXD Girl College, Ambala City, Distt-Ambala (Haryana).

          ……. Complainant.

                                                Versus

1. Aggarwal Comfort Products Private Limited, Sleepwell Showroom Sukhal Kund Road, Near Khanna Marriage Palace, Ambala City -134003 (Through its Prop)
2. SHEELA FOAM PVT LTD, UNIT-III (SJP) Village –Habibpur NOIDA, DADRI Road, Distt- Gautam Budh Nagar, (U.P.)-201304 (Through its MD).
3. Regd Office-C-55, Preet Vihar, Vikas Marg, Delhi-110092.

….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:      None for the complainant.

                   Shri D.N. Pali, Advocate, counsel for OP No.1.

                   OPs No.2 and 3 already ex parte vide order dated 07.09.2021 and  22.12.2021.                  

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

(a) To refund the amount of Rs.7,000/- alongwith interest @ 18%  p.a. from the date of purchase of mattresses.

(b) To pay Rs.20,000/- as compensation on account of mental & physical harassment as well as monetary loss caused to the complainant.

(c) To pay Rs.5000/- as litigation charges.

                                                          Or

Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that on 26-6-2020 the complainant purchased Contract Covered Mattress, HSN Code No- 94042190 (PCS- 2) (warranty 5 Yrs) from the OP No.1 on making payment of Rs.7000/- vide Invoice No-13200/TI/849 dated 26.06.2020. The said mattresses were found defective/damaged within few days of its purchase. The matter was reported to OP No.1 upon which its representative visited the premises of the complainant and inspected the defective mattresses. On 02.09.2020, the representative of OP No.1  sent other mattresses of SHEELA FOAM LTD through courier vide Invoice No-SJP/DC/746 dated 02.09.2020 amount of which were mentioned as Rs.4384/-. However, the said mattresses were also found defective/damaged, as a result of which, again the matter was reported to the OPs on 03.01.2021. However, despite acknowledging the receipt of complaints of the complainant, the OPs failed to redress his grievance. Due to supply of defective mattresses, the wife of the complainant suffered back pain and the complainant also suffered lot of mental agony and harassment. Till date, no action has been taken by the OPs in the matter.  Hence this complaint.
3.           Upon notice, OP No.1 appeared and filed written version and raised preliminary objections with regard to maintainability, no locus standi, no cause of action, not come with clean hands and suppressed the true and material facts etc.  On merits, it has been stated that OP No.1 has already left the deal with the OP No.2-Sheela Foam Pvt. Ltd. since the time when OP No.2 had not attended the complaint of the complainant. On receiving the complaint from the complainant regarding defect in the sold Sleepwell mattresses, OP No.1 raised complaint with OP No.2 and frankly requested them to attend the complaint and rectify the defect; but OP No.2 failed to do so. Thus, under the constrained circumstances, OP No.1 left all the dealing with OP No.2. Rest of the averments of the complainant were denied by the OP No.1 and prayed for dismissal of the present complaint against it with costs.
4.           Upon notice, none appeared on behalf of the OPs No.2 & 3, before this Commission, therefore, they were proceeded against ex-parte vide orders dated 07.09.2021 and 22.12.2021 respectively.
5.           Complainant tendered affidavit of the complainant as Annexure C-W1/A alongwith documents as Annexure C-1 and C-9 and closed the evidence of the complainant. Learned counsel for OP No.1 tendered affidavit of Rajinder Jindal-Proprietor Aggarwal Comfort Products Private Limited, Sukhal Kund Road, Near Khanna Marriage Palace, Ambala City, as Annexure OP-1/A and closed the evidence on behalf of OP No.1.  
6.           Since none put in appearance on behalf of the complainant on the date of arguments and also OPs No.2 and 3 were ex parte, therefore, we have heard the learned counsel for OP No.1 and have also carefully gone through the case file.
7.           Learned counsel for OP No.1 submitted that OP No.1 has already closed the dealings with OP No.2, when it came to know that the complaint raised by the complainant was not redressed by OP No.2. He further submitted that since OP No.1 now has no relation whatsoever with OP No.2, as such, complaint against OP No.1 is not maintainable and the same may be dismissed against it.
8.           It is evident from tax invoice dated 26.06.2020, Annexure C-2 that in the first instance, the complainant had purchased 2 pieces of mattresses from OP No.1 for an amount of Rs.7,000/-. It is also an admitted fact that when the said mattresses suffered some defects, the complainant lodged complaint with OP No.1, as a result of which, defective mattresses were replaced and thereafter OP No.2 sent new mattresses vide delivery challan dated 02.09.2020, Annexure C-1, price whereof was mentioned as Rs.4,384/-, however, no amount was taken from the complainant by OP No.2. The learned counsel for the OP No.1 has argued with vehemence that the OP No.1 on receipt of complaint from the complainant requested the OP No.2 to attend the complaint but it did not pay any heed, as a result of which, OP No.1 left all dealings with OP No.2. It may be stated here that, notice of this complaint was sent to OP No.2 and 3, seeking their version, yet, nobody appeared on their behalf, despite service, as a result whereof, they were proceeded against ex parte vide order dated 07.09.2021 and 22.12.2021 respectively. This act of OPs No.2 and 3 draws an adverse inference against them. The non-appearance of OPs No.2 and 3 shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted. From the record, it is coming out from the record that the mattresses purchased by the complainant from OP No.1, got defective within three months of its purchase, which were replaced by the OP No.2. As per complainant, the replaced mattresses also suffered the same defects and number of requests were made by him to the OPs, as is evident from Annexure C-3 to Annexure C-5 but there is nothing on record that the grievance of the complainant was redressed by the OPs. Be that as it may, by neither replacing the defective mattresses with the new one, nor refunding the price thereof to the complainant, the OPs have committed deficiency in service. The OPs thus jointly and severely, are not only liable to refund the amount of Rs.7,000/-, i.e the cost of the mattresses, but are also liable to compensate the complainant for the mental agony and physical harassment suffered by him and are liable to pay litigation expenses.   
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, jointly and severally, in the following manner:-
   1. To refund the amount of Rs.7,000/-, to the complainant.
   2. To pay Rs.2,000/- as compensation for mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.1,500/- as litigation expenses.

 

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @ 6% per annum on the awarded amount, from the date of default, till realization. Certified copy of the order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 01.05.2023.

 

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President