Present complaint has been filed by Jatinder Pal Singh against Amit Kumar & Co. pleading that he purchased two sets of Gadda, Model Coir Foam, Size 35x72x5 by paying amount of Rs.9,500/- vide bill dated 21.11.2012 from the opposite party and its guarantee was given six years. After two years the abovesaid two sets of Gadda became defected and are unable to use. He approached the opposite party and requested him to replace the abovesaid Gadda Sets as the same became defected within Guarantee period but he putting off he matter on one pretext or the other. Thereafter he made a written request to the opposite party regarding defected Gadda Sets through registered post but the opposite party refused to accept the same. The act of the opposite amounts to deficiency in service. He has further pleaded that the cause of action arose in his favour and against the opposite party to file the present complaint on 11.3.2015 when the opposite party refused to accept the written request. Hence this complaint.
2. Notice of the complaint was issued to the opposite party received back with the report 'Refusal', therefore, he was proceeded against exparte vide order dated 26.5.2015.
3. In exparte evidence complainant has tendered into evidence his own affidavit Ex.C1 alongwith other documents Ex.C2 to Ex.C5 and closed the evidence.
4. We have duly considered the pleadings and heard the arguments advanced by counsel and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the purpose of adjudication of the present complaint.
- Sh.A.D.S.Shergill, Adv.counsel for the complainant has made a statement that during the pendency of this complaint opposite party has replaced the Gadda with new one and complainant has received it. Now the remaining dispute is only for compensation.
6. We have anxiously considered the contention of the complainant in the light of evidence on record and have found that the
stand of the complainant is supported from the exparte evidence led
by him in the form of affidavit Ex.C-1 wherein it is asserted that he
purchased two sets of Gadda vide bill Ex.C-2. It was further asserted
that the OP gave six year guarantee at the time of sale of Gadda but
after two years of its purchase it developed defects and he was unable
to use it. The complainant made a written request Ex.C-3 but OP
refused to accept the same. The postal receipt is Ex.C4.
7. From the evidential part, it is proved that the complainant time
and again approached OP for removal of his grievance but was
unnecessarily harassed by OP which amounts to deficiency in service on the part of OP. The OP did not bother to appear in the Forum and failed to satisfy the complainant and also did not care to contest the claim of the complainant and rebut the evidence led by him as aforesaid and as such it can be concluded without any hesitation that either they admit the claim of the complainant or they have nothing to say in the matter. In this way,the evidence led by the complainant goes unrebutted and unassailed. OP is found deficient in providing the services to the complainant. Now during the pendency of this complaint the OP has replaced the Gadda with new one and as such, the complainant is found entitled to the appropriate compensation. Hence we are of this view that present complaint can be best disposed of by giving directions for paying compensation to the complainant. We order and direct the OP to pay compensation to the tune of Rs.3000/- to the complainant within 30 days from the date of receipt of copy of orders.
8. Copy of the order be communicated to the parties, free of charges. After compliance, file be consigned.
(Naveen Puri)
President
ANNOUNCED: (Jagdeep Kaur)
AUG. 07, 2015 Member
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