Haryana

Ambala

CC/121/2015

Bhupinder Kumar - Complainant(s)

Versus

BIG Bazar - Opp.Party(s)

In Person

05 Aug 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                     Complaint Case No.:   121 of 2015

          Date of Institution    :   01.05.2015

          Date of Decision  :     05/08/2015

Bhupinder Kumar son of Shri Kundan Lal, resident of H.No.75, Milap Nagar, Village-Nanhera, P.O. Kuldeep Nagar, Ambala Cantt, District Ambala.

……….Complainant

Versus

1.       BIG BAZAR (A Div. of FRL) Rai Market, Ambala Cantt through its Manager.

2.       TTK Prestige Limited, SCO-88, 2^nd Floor, Sector 47-D, Chandigarh through its Service Manager.

3.       TTK Prestige Ltd. , 11^th Floor, Brigade Towers, 135-Brigade Road, Bangalore-560025 through  its Managing Director.

                                                                                       ……Opposite Parties.

Complaint under Section 12 of the  Consumer Protection Act.

CORAM:    SH. A.K. SARDANA, PRESIDENT.

                   SH. ANIL SHARMA, MEMBER.                  

Present:       Complainant in person.

                   Sh. Naveen Chawla, Adv. for OP No.1.

                   Sh. Naresh Chandra Jena representative for Ops No.2 & 3.

ORDER

1.                 Brief facts of the present complaint are that the complainant  purchased a Marvel Gas Table Model GT MOUSS from  OP No.1 vide invoice No.0024611 Tr. No.2097 dated 16.11.2014 for a sum of Rs.4299/-  with assured warranty of two years.  After installation of the same, the complainant noticed that the aforesaid Gas Table is not working properly and thus he made a complaint in this regard to the Ops vide e-mail to TTK Prestige Customer Care  on 09.12.2014 at 7:16 A.M. vide complaint No.HARY754076. Besides it, the complainant has alleged that he also requested to OP No.1 i.e. Big Bazar wherefrom he purchased the aforesaid Gas Stove  manufactured by Ops No.2 & 3 but neither OP No.1 nor Ops No.2 & 3 replaced the said gas stove nor repaired the same despite repeated requests which is a clear deficiency  in service on the part of Ops and said act of the Ops is also an example of unfair trade practice.  In the end, he has prayed that the Ops may kindly be directed to pay the amount of aforesaid Gas Table (Gas Stove) with interest @ 12% per annum or to replace the same with new one.  Besides it, the complainant has also sought compensation of Rs.10,000/- alongwith litigation expenses as Rs.5000/-.

2.                Upon notice, OP No.1 appeared through counsel whereas Ops No.2 & 3 appeared through their authorized representative namely Naresh Chandra Jena, Area Service Manager vide authority letter dated 22.05.2015.

3.                OP No.1 filed written statement urging therein  that there is no deficiency in service on their part as the complainant never contacted them at any time.  On merits, OP No.1 has admitted that the complainant purchased a Marvel Gas Table in question from them whereas authorized representative  of Ops No.2 & 3 instead of filing reply  to the complaint, tendered a statement on oath before the Forum that they are ready to replace the defective gas stove as mentioned in the complaint  with new one which was sold to complainant by OP No.1-Big Bazar and requested for disposal of the complaint accordingly.

 4.               In view of the statement tendered by authorized representative of Ops No.2 & 3, it is admitted fact on record that complainant made complaint with Ops on 09.12.2014 vide e-mail but instead of redressing the same immediately, Ops did not bother to replace the defective gas stove  of the complainant till 23.07.2015, the date when representative of Ops No.2 & 3 tendered statement before the Forum and thus the conduct of the Ops itself shows that they are admittedly deficient in providing proper services to the complainant  and also they have committed unfair trade practice with the complainant. Therefore, we are of the confirmed view that Ops are liable to be penalized for the same.  Accordingly, we allow the present complaint and direct  the Ops No.2 & 3  to comply with the following directions within thirty days from the communication of this order:-

(i)      To replace the Marvel Gas Table (Gas Stove) with new one which was sold to complainant by OP No.1 Big Bazar vide invoice No.0024611 dated 16.11.2014 and if the same Model is not available,  then to return the price of aforesaid gas stove to the complainant  amounting to Rs.4299/- alongwith interest @ 9% per annum from the date of its purchase  i.e. 16.11.2014 till its realization.

(ii)     To pay Rs.3000/- as compensation on account of mental agony & harassment including costs of litigation etc.

                   Further the award in question/directions issued above must be complied with by the Ops No.2 & 3  within the stipulated period failing which the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default. So, the complaint is decided in above terms. Copies of this order be sent to the parties concerned, free of costs. File be consigned to the record room after due compliance. 

 Announced: 05/08/2015

                                                                                                    Sd/-

                                                                                             (A.K. SARDANA)

                                                                                                   PRESIDENT

 

                                                                                                                    Sd/-

                                                                                                                                                                                                                                                                             (ANIL SHARMA)

                                                                                                            MEMBER