Delhi

East Delhi

CC/103/2015

VINOD - Complainant(s)

Versus

BHARAT COLLING - Opp.Party(s)

06 Oct 2016

ORDER

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

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

                                                                                                  Consumer complaint no.       103 / 2015

                                                                                                  Date of Institution                18/02/2015

                                                                                                  Order Reserved on               06/10/2016

                                                                                                  Date of Order                        07/10/2016  

                                                                                                        

In matter of

Mr. Vinod Prakash, adult    

R/o- 51 A, Daya Nand Vihar 

Delhi 110092 ……..……………………………....………..…………….Complainant

                                                                   

                                                                       Vs

M/s Bharti Cooling Centre   

27/103 D, Jwala Nagar

Shahdara, Delhi 110032 ………………………..…………………… Respondent

 

Complainant …………………………………………..In person

Opponent………………………………………………..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 a Honey Comb Cooler from OP for a sum of Rs 7250/- on 07/04/2014 having two year guarantee for cooler and fan vide bill no. 470 annexed here as Exh. PW1/1.

Initially complainant intended to purchase a cooler of Rs 5400/- but on the advice of OP, he purchased this said cooler.

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It was stated that after some time, the cooler got some problem so contacted personally and also sent notices through speed post whose acknowledgements were annexed here as Exh. PW/2 to PW1/ 9. Complainant stated that the cooler and pump were not functioning well, so the said cooler was still lying in his house. Complainant stated that the conduct of OP was deficient and had unfair trade practice. Hence, filed this complaint and claimed for refund of amount paid to OP with Rs 50,000/- as compensation for mental harassment with 36 % till realization of this case.

Notice was served but OP did not put up his appearance nor submitted written statement despite giving maximum opportunity. Later, OP was preceded Ex Parte. Complainant filed his evidence on affidavit.

 

Arguments were heard and order was reserved.

After analyzing all the facts and evidences on record, we have come to the conclusion that defects were alleged at number of times, but no service record/job card was ever submitted. Even the bill of cooler shows number of transactions without mentioning of cause of deductions or any installments were paid to OP. Hence, it was not proved by any concrete evidence submitted by the complainant to show the defect and the same was ever attempted by OP.

 

Complainant had annexed number of speed post receipts for sending notices to OP, but there was no proof on record that the same notices were ever received by OP. Also no tracking report was annexed for receiving the letter by OP.

 

 

Hence, we come to the conclusion that this complaint has no merit as complainant could not prove deficiency of service and un fairtrade practice by a single concrete evidence, so this complaint to be dismissed without any cost and thus complaint is dismissed without any cost.

 

The order copy be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs  Harpreet Kaur-  Member                                             (Dr) P N Tiwari - Member                                                      

                                      

                                  Shri Sukhdev Singh - President