BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 785 of 2010 | Date of Institution | : | 24.12.2010 | Date of Decision | : | 10.05.2011 |
Rashim Sharma d/o Sh. Ashwani Kumar, r/o H.No. 1091, Sector 18-C, Chandigarh. ….…Complainant V E R S U S Chandigarh Music Centre Pvt. Ltd., SCF No. 43, Sector 18-D, Chandigarh, through its Proprietor. ..…Opposite Party CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by:None for the Complainant. Sh. Lalit Gupta, Authorized Representative of OP. PER P.D.GOEL, PRESIDENT The facts of the case are that the Complainant visited the Shop of the OP for the purchase of video CDs. Four CDs, fully described in Para 3 of the complaint, were purchased by the Complainant, on payment of Rs.464/- to the OP. It is the case of the Complainant that when she reached home and played the CDs on DVD Player, it was found that the CDs are audio and not video. The Complainant approached the OP, with a request to provide video CDs, but all in vain. The OP told the Complainant that video CDs are not available in the stock and also refused to refund the amount of Rs.464/-. It is further averred that the audio CDs are not useful, as the Complainant is in need of video CDs. Alleging deficiency in service and unfair trade practice on the part of OP, the complainant has filed the present complaint. 2] OP filed reply. It is admitted that the Complainant purchased four CDs, as per details given in the invoice/bill. It is denied that the Complainant asked for video CDs, as the CDs were chosen by her and thereafter, the payment was made. It is further replied that the video CDs of the choice of the Complainant are not available in the market, as these are neither manufactured, nor had been released by the Music Company. It is also denied that the Complainant visited many times to the store of the replying OP. The Complainant after the purchase of the CDs, only once visited the Shop of the replying OP, with a request to refund the amount of Rs.464/-. It is further replied that the seal of the CDs were opened and there was no complaint about the quality of the product. The loose CDs are not exchangeable. However, as a goodwill gesture, the representative of the OP made a request to the Complainant to exchange the same with the product available at the Store, but she was adamant to take the refund of the amount. Denying all the material allegations of the complainant and pleading that there has been no deficiency in service or unfair trade practice on their part, a prayer for dismissal of the complaint has been made. 3] Parties led evidence in support of their contentions. 4] We have heard the authorized representative of OP and have also perused the record. 5] The averments contained in the complaint are supported by the affidavit of the Complainant. Retail invoice of Rs.464/- of CDs has also been placed on record. 6] During the course of arguments, Sh. Lalit Gupta, Authorised Representative of OP, very fairly and squarely conceded that the OP is ready to refund Rs.464/-, the price of the CDs, to the Complainant. This being so, we do not want to go in further details of the matter, as it appears that the main grouse of the Complainant stands resolved/met. 7] As result of the above discussion, this complaint is accepted and OP is directed to refund the amount of Rs.464/- to the Complainant. The OP is also directed to pay to the complainant a sum of Rs.1000/- as costs of litigation. This order be complied with by the OP, within one month, from the date of receipt of its copy. 8] The certified copies of this order be sent to the parties, free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 10.05.2011 | [Dr. (Mrs) Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | ‘Dutt’ | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
