Punjab

Sangrur

CC/291/2018

Mohd. Shehzad - Complainant(s)

Versus

Arjun Steel Furniture Industries - Opp.Party(s)

Sh. Shalinder Mohan Goyal

21 Nov 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 291                                                                                         

                                                                   Instituted on:  10.07.2018                                                                                    

                                                                   Decided on:    21.11.2018

 

Mohammad Shehzad son of Abdul Rashid, resident of Naudhrani Road, Bijal Nagar, Malerkotla, District Sangrur.             

                                                …. Complainant   

                                Versus

 

Arjun Steel Furniture Industries through its Proprietor/ Patner, Sirhandi Gate, Malerkotla, District Sangrur.

 

                                                    ….Opposite parties.

 

FOR THE COMPLAINANT  :         Shri S.M.Goyal   Advocate                        

 

FOR THE OPP. PARTY                 :   Shri Mohd. Adil   Advocate                         

 

 

Quorum

                   

                            

Inderjeet Kaur,   PresidingMember

Vinod Kumar Gulati, Member

 

 

ORDER:  

 

Inderjeet Kaur/Vinod Kumar Gulati, Members

 

1.             Mohd. Shehzad, complainant has preferred the present complaint against the opposite parties (referred to as OP in short) on the ground that he purchased ten steel chairs Rs.@550/- each 11.06.2018 from the OP vide bill number 632 dated 11.06.2018 under guarantee  and warranty of steel chairs and paid an amount of Rs.5500/- in total. In the  month of July said chairs were damaged from bottom side  on which the complainant approached the OP and requested  to change the said chairs or refund its price but the OP did not do so rather they wrongly and illegally refused to change the same or refund its price. Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:- 

i)      OP be directed to change the said chairs with new chairs or return its price alongwith interest @24% per annum,

ii)             OP be directed to pay to the complainant a sum of Rs.50,000/- on account mental agony and harassment,

iv)            OP be directed to pay Rs.5500/- as litigation expenses.

2.             In reply filed by the OP, it is admitted that the complainant had purchased the chairs in dispute.  It is denied that OP gave any guarantee of steel chairs. Moreover, no such alleged guarantee was mentioned in the bill. It is further stated that the complainant  purchased  the said chairs  from the OP on credit basis now the complainant does not want to make the payment . The complainant with the intention to grab this amount filed the present complaint on wrong facts. Thus, there is no deficiency in service on the part of the OP.

 

3.                The complainant has tendered documents Ex.C-1 to Ex.C-6 and closed evidence. On the other hand, OP has tendered documents Ex.OPs- 1 to Ex.OPs-11 and closed evidence.

4.                It is an admitted fact that the complainant purchased ten steel chairs @ Rs.550/- each on 11.06.2018 from the OPs vide bill number 632 dated 11.06.2018 and  suddenly in the starting of month July the purchased chairs were damaged from the bottom side and there was rust on the joints of the legs of the above said chairs and the complainant contacted the OPs and on the insistance of the OPs visited his shop alongwith one defective chair and requested to change the purchased chairs with the new chairs or return the price of the chairs but the OP did not change the chairs . We have observed that the chairs got rusted on the joints of legs despite being sold as being the steel chairs after the period of one month only. As such, the complaint is admitted to the extent that the OP would change the chairs already sold to the complainant with a new ones.

5.                This order  of ours shall be complied with within 30 days from receipt of copy of the order.  A copy of the order be supplied to the parties free of charge. File be consigned to records in due course. 

                Announced

                November 21, 2018

 

 

 

                              ( Vinod Kumar Gulati)             (  Inderjeet Kaur)                                                                                                                                                                                                    

Member                               Presiding Member