BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.
Complaint No. 11 of 2019
Date of Instt.: 15.1.2019
Date of Decision: 19.2.2021
Suraj Chand Aggarwal son of Sh. Naresh Kumar Aggarwal, resident of Manan Pana, Ward No. 24, H.No. 34/39, Bhiwani, Tehsil and District Bhiwani.
………..Complainant
Versus
- SDO, Dakshin Haryana Bijli Vidyut Vitran Nigam Office, near Vaishya Mahavidyalya, Tosham Road, Upergami Pul, Bhiwani-127021.
- XEN, Dakshin Haryana Bijli Vidyut Vitran Nigam office, near Vaishya Mahavidyalya, Tosham Road, Upergami Pul, Bhiwani-127021.
- S.E, Dakshin Haryana Bijli Vidyut Vitran Nigam office, near Vaishya Mahavidyalya, Tosham Road, Upergami Pul, Bhiwani-127021.
- Manager, Allergy Efficiency Services Limited, 5th & 6th Floor, core-3, scope complex, 7-Lodhi road, New Delhi-110003.
- Manager/Director, ujala power company, 20A, STREET NO. 6, LIBASPUR, Delhi-110042.
-
Complaint under the Consumer Protection
Act, 1986
Before: Mr. Nagender Singh, President.
Mr. Shriniwas Khundia, Member.
Argued by: Sh. Sunil Goyal, Adv. for complainant.
Sh. Rishipal, Adv. for OP Nos. 1 to 3.
OP No. 4 already exparte (vide order dated 27.2.2019)
OP No. 5 already given up (vide order dated 27.11.2019)
ORDER:
NAGENDER SINGH, PRESIDENT
Brief facts of the present complaint are that the complainant had purchased 6 LED bulbs @ Rs. 70/-per bulb from the Dakshin Haryana Bijli Vidyut Vitran Nigam Office, Bhiwani with three years warranty in the month of January 2017. But the complainant and the other consumers have not been given the bill of purchase despite of the fact that their aadhar number and bank account number were received for other information. That during warranty period, no facility of warranty was provided by the Ujala company in the premises of Dakshin Haryana Bijli Vidyut Vitran Nigam. It is averred that the matter was brought to the knowledge of OP Nos. 1 to 3 but they paid no heed. Then the complainant contacted through email on 18.10.2018 to Ujala Company head office but no answer was received from that side also. The complainant also complained the matter to C.M. Window and Deputy Commissioner and also contacted toll free number of Ujala company helpline but no fruitful result came out. The complainant also tried to get aware the Administration through online complaints through many people but all in vain. It is further submitted that the department has stated that the purchase information has been lodged in your account through which the warranty will be provided. It is averred that as the matter pertains to general public, so the respondents are liable for penal action. Accordingly, the complainant seeks directions against the respondents to update the information available on online complaint portal (website) and the complainant may be compensated by paying amount of compensation with litigation expenses.
2. Upon notice, the OP Nos. 1 to 3 appeared and filed their joint written statement. However, the respondent No. 4 has been proceeded against exparte vide order dated 27.2.2019 due to non-appearance before the forum (now Commission) and the respondent No. 5 has been given up by the learned counsel of complainant by his statement dated 26.11.2019 and in this context, an order was passed on the even date by the Forum (now Commission).
The respondent No. 1 to 3 in their joint written statement averred that the answering respondents only allow to the representative of OP No. 4 & 5 to sit in Nigam campus in order to facilitate the public at large to purchase the LED bulbs. The complainant has no locus standi to file the present complaint against the answering respondents because the matter in dispute, if any, is in between the complainant and the respondent Nos. 4 & 5, hence, the complaint is liable to be dismissed with costs and mentioned in remaining paras of the reply that the complaint is not relevant and accordingly, prayed for dismissal of complaint with heavy costs against the answering respondents.
3. The counsel for complainant after placing on record documents Annexure C-1 to Annexure C-5 had closed the evidence on 26.11.2019 whereas the counsel for respondent Nos. 1 to 3 did not give any evidence and closed the evidence on 5.3.2020. The complainant also placed on record some documents i.e. JN-A to JN-C for fair disposal of the present complaint.
4. We have heard the arguments of learned counsel for the parties and gone through the entire evidence so placed on record by the parties very carefully and minutely.
During the course of arguments, the learned counsel for complainant reiterated the contents complaint filed by the complainant and the learned counsel of respondent Nos. 1 to 3 reiterated the contents of reply filed by the OP Nos. 1 to 3 and drawn the attention of this Forum/Commission towards the documents so placed on record by the respective parties.
5. After hearing the arguments and going through the entire case file and perusing the documents so placed on record very carefully and minutely, we have observed that in the present complaint, the reply has been filed by the respondent Nos. 1 to 3 and in the reply, it is mentioned that they have no concern and connection with the matter in dispute as the answering respondents only allow the representative of respondent Nos. 4 & 5 to sit in Nigam campus only in order to facilitate the public at large for purchase of LED bulbs, but we have perused the documents placed on record by the complainant in his evidence and the complainant has also placed on record 3 documents at the time of arguments i.e. JN-A, JN-B & JN-C. Perusal of these 3 documents show that the respondent Nos. 1 to 3 are promoting the scheme of Central/State Government known as UJALA scheme. Under this scheme, the LED bulbs and tubes were distributed/sold in the premises of respondent Nos. 1 to 3 and this fact has been proved from document Ex. C-1 and Ex. C-2. The various offices of the respondent Nos. 1 to 3 are listed in the list placed on record as Ex. C-2. A brief history regarding the scheme UJALA has been placed on record by the complainant which is Ex. C-1. The bare perusal of these documents JN-A, JN-B and JN-C itself shows that the concerned SDO of DHBVN, Bhiwani also wrote two letters dated 20.8.2018 and 18.12.2020 to Sh. Nitin, Deputy Manager/PR, EESL (Allergy Efficiency Services Limited). Through these letters, the concerned SDO complained the officers of OP Nos. 4 & 5 for non-opening of LED distribution counters in the premises of Sub Division Offices, meaning thereby that the LED bulbs and tubes are distributed in the premises of respondent Nos. 1 to 3 under the instructions of concerned officer for promoting the scheme of UJALA of State/Central Government and it is admitted in this document that the officers of respondent Nos. 4 & 5 are not providing services to the customers and not opening the distribution counter timely and non-replacing the out of order/fused bulbs and tubes as per terms and conditions. It is also mentioned in these two letters that the counters were found closed on every day without any notice/information to the concerned Sub Divisions. From the perusal of all documents, it is crystal clear that the sale and distribution of LED bulbs and tubes are going on under the supervision of OP Nos. 1 & 2 by the respondent Nos. 4 & 5. Under these circumstances, we come into the conclusion that the respondents are supposed to provide the better facility to the consumer of the respondents as per terms and conditions and therefore, we direct the respondents to provide the better facility to the customer of respondents as per terms and conditions. The respondents are also directed to open the replacement/sale counters in the premises of respondents to replace the product already sold by the department as per warranty period and terms and conditions of the policy. It is further directed that the respondent No. 4 shall replace the defective/fused bulbs purchased by the consumers from the respondent No. 4 while sitting in the premises of respondent Nos. 1 & 2. However, the respondent No. 4 is also directed to update the online complaint file portal. The respondents are also directed to pay Rs. 5000/- as lump sum compensation to the complainant on account of deficiency in services, harassment etc. including litigation expenses to the complainant. The above order be complied within 30 days from the date of this order. Certified copies of the order be sent to parties free of costs.
File be consigned to the record room, after due compliance.
Announced in open Commission
Dated: - 19.2.2021
(Shriniwas Khundia) (Nagender Singh)
Member President,
District Consumer Disputes
Redressal Commission, Bhiwani.
