Delhi

North East

CC/224/2015

Jasvinder Singh - Complainant(s)

Versus

Aggarwal Sanitary Store - Opp.Party(s)

27 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.224/15

 

 

CORUM:-       Hon’ble President N.K.Sharma

                        Hon’ble Member Nishat Ahmad Alvi

 

In the matter of:

 

		Shri Jasvinder Singh S/o Shri Atma Singh R/o D-26/1, New Govind Pura Delhi-110051.		Complainant
		Versus
		Aggarwal Sanatary Store 40/A, Baldev Park, Parwana Road, Delhi-110051.		Opposite Party
			DATE OF INSTITUTION:		27.06.2015
			DATE OF DECISION      :		27.09.2016

 

 

Nishat Ahmad Alvi, Member:-

ORDER

1. As per complaint, complainant on 18.04.2014 purchased some sanitary goods of Rs. 8,576/- (Rupees Eight Thousand Five Hundred and Seventy Six) from OP with one year warranty. OP had not issued Proper Bill but a rough one. After few days goods became defective.  Complainant made a complaint to OP but OP refused to replace the goods. Complainant visited several times to OP but there was no satisfactory reply from the side of OP. Complainant also approached mediation centre where OP did not appear even after three opportunities and complainant could not get any relief. Pleading unfair trade practice as well as deficiency in service on the part of OP complainant has prayed for directions to OP to;

 

1. Refund the cost of the sanitary goods being Rs. 8,576/- (Rupees Eight Thousand Five Hundred and Seventy Six).
2. Pay a sum of Rs. 30,000/- as compensation for harassment and mental agony and
3. Pay a sum of Rs. 15,000/- as cost of litigation.

 

2. Notice of this complaint was served to OP but nobody appeared on its behalf therefore, OP was proceeded against Ex-parte vide order dated 16.9.2015.
3. Complainant has filed his evidence by way of affidavit alongwith relevant documents.
4. Heard and perused the record.
5. In support of the complaint complainant has placed on record copies, of Rough Bills issued by OP dated 18.04.2014 and 20.04.2014 duly stamped and signed by OP, of bills issued by the shopkeeper dated 07.04.2015, copy of letter dated 18.03.2015 to OP complaining defect in the goods, of complaint dated 09.04.2015 made to mediation cell and of the order passed by mediation cell dated 22.06.2015.
6. Perusal of these documents show that OP sold goods of     Rs. 8,576/- (Rupees Eight Thousand Five Hundred and Seventy Six) and issued Rough Bills for the same to the complainant. Complainant has made payment of Rs. 800/- and Rs. 1940/- to some other shopkeeper. The goods purchased being Taps & Mixtures were sold with one year warranty and became defective within warranty period. Complaint to repair/replace the same and for issuing proper and valid Bill was made to the OP. Finding no response complainant applied in mediation cell but notices from mediation cell were also not responded to by the OP and when, even after three opportunities, OP did not appear for mediation. Mediation cell passed its report as mediation failed.

 

7. On the basis of above findings all above material in sufficient evidence in support of complainant’s case while there is no rebuttal from the side of OP. Hence, evidence of the complainant remaining uncontroverted stands proved.

 

8. Thus holding guilty for deficiency in service and for not honoring warranty of one year by repairing/replacing the defective goods and for unfair trade practice of not issuing Proper Bills we direct OP to:-      

1. Rs. 8,576/- (Rupees Eight Thousand Five Hundred and Seventy Six) as the amount paid by him for purchase goods of sanitary
2. Rs. 2,000/- (Rupees Two Thousand)  as compensation for harassment and mental agony and
3. Rs. 1,000/- (Rupees One Thousand)as cost of litigation.

 

8.        This order shall be complied within 30 days from the receipt thereof.

7.        Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

10.      File be consigned to record room.

(Announced on  27.09.2016)    

(N.K. Sharma) President

(Nishat Ahmad Alvi) Member