Delhi

East Delhi

CC/184/2017

RAJESH AGGAR WAL - Complainant(s)

Versus

ALCOR TECH. - Opp.Party(s)

12 Oct 2018

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.       184 /2017

                                                                                                  Date of Institution                15/05/2017

                                                                                                  Order Reserved on               12/10/2018

                                                                                                  Date of Order                        16/10/2018                              

In matter of

Mr. Rajesh Aggarwal, adult  

s/o   Sh. B L Aggarwal   

R/o  214, Supreme Enclave,

Mayur Vihar Phase I, Delhi 110091………………………………..……….Complainant                                                                   

                                                                     Vs

M/s Alcor Technomedia

101A, 1^st Floor, Chamber No. 9&10

Pratap Nagar, Mayur Vihar-I, Delhi 110091 ……………………….……Opponent

 

Complainant’s Advocate          Rambir Singh

Opponent’s Advocate              Ex Parte

 

Quorum                                     Sh Sukhdev Singh      President

                                                    Dr P N Tiwari               Member                                                                                                    

                                                    Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case                                    

Complainant purchased EM door phone and lock for an amount of Rs 29,700/- through cheque no. 000014 dated 18/06/2016 as per invoice Ex CW1/1 where he paid advance amount Rs 5000/- and rest at the time of delivery and fitting. It was stated that OP did not supply complete kit of cable and fitting parts. Complainant contacted OP on phone number of times and visited personally to his office. Complainant received products whose price was Rs 9969/-, whereas OP charged Rs 24500/-(Ex CW1/2). Complainant stated that OP delivered low rates products whose value was Rs 9969/- against Rs 25,591/-(ExCW1/3, 4, 5, 6, 7&8). Also some products were defective. OP supplied EM door lock of Rs 1500/- against charged amount of Rs 4200/-.

OP charged total amount Rs 45,200/- for total parts of good quality products, but supplied very inferior quality products, so felt cheated and suffered harassment and mental agony. Complainant  sent legal notice on 16/12/2016 (Ex CW1/9)  and  email  on  07/05/2017 and revert emails (Ex CW1/10) on 08/05/2017 which were replied by OP to specify defects and problem faced by complainant. Complainant stated that he immediately reverted email for rectifying defects. When no proper reply received, filed this complaint and claimed Rs 45,200/-and compensation Rs 25,000/-for harassment and mental agony.  

OP did not appear even serving notices dasti, so, OP preceded Ex-Parte. Complainant submitted Ex Parte evidence on affidavit where he stated on oath that all the facts and evidences on record were true and correct. As submitted evidence were not controverted, so taken on record.

Arguments were heard from complainant as OP did not put appearance of himself or through his counsel or AR. After perusal of records, order was reserved.

We have gone through all the facts and evidences on record. It was evident that the complainant purchased the said products and paid the total amount, but OP did not provide proper services, but it was evident from email dated 08/05/2017 in reference to complainant’s email dated 07/05/2017 where OP had asked complainant to specify the problems in detail so that OP could rectify the problems faced by complainant. Complainant immediately reverted email and narrated his problems being faced in the system, but OP did not revert the email nor provided any service.  

It was also evident that Ex CW1/1 was from OP who had installed the EM door lock and other fittings on dated 18/06/2016 and Ex CW1/4 OP vide DC No. 107/16-17 dated 02/04/2016 was under the name of complainant and showed installation of HDMI cable, VGA cable and 15 mts power cable was installed where OP had charged a sum of Rs 8500/-and balanced was charged Rs 2000/-. The evidences exhibited by the complainant from Ex CW1/2,3,5,6,7 and 8 are not invoices in the name of complainant, but are net details of various parts with certain terms and conditions from online portal so above mentioned exhibits cannot taken as invoice or bills of the products. As OP did not provide services after receiving email on 08/05/2017 and also not put his appearance before this forum, definitely amounts to deficiency in services and evading law processes. Thus, we come to the conclusion that this complaint has merit and that being so, we pass the following order-

1. OP is directed to rectify the defects present in EM door lock system within 30 days from receiving of this order. OP shall also extend warranty of 180 days after removing defects. 
2. If order is not complied in time essence or due to some parts inability, OP shall refund entire amount received from the complainant with 6% interest from 09/05/2017 till realized.
3. We also award compensation sum of Rs 7500/-for mental harassment. This will include litigation charges also.
4. No other order to cost.

The copy of this order be sent to the parties as per Regulations as first free copy and file be consigned to the Record Room under the Consumer Protection Regulations, 2005.

 

(Dr) P N Tiwari  Member                                                                              Mrs Harpreet Kaur Member                                                                            

 

                                                     Shri Sukhdev Singh President