CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No. 06/2016

MR. ASHISH AND MRS. SAMIRA PANIGRAHI,

S-289, 1^st FLOOR, GREATER KAILASH-2,

NEW DELHI-110048.

                                                                                          ………. COMPLAINANT                                                                                  

                                                                        Vs.

1. HEAD RETAIL OPERATIONS,

EBONY HOMES PRIVATE LIMITED (EBONY GAUTIER),

MR. HIDAYAT AHMED

SHOWROOM ADDRESS- EBONY HOMES PVT. LTD.,

JMD REGENT ARCADE, I.G. FLOOR, M.G. ROAD, GURGAON, HARYANA

REGISTERED ADDRESS F-2/1, KHANPUR EXTENSION, NEW DELHI-110062

COMPANY ADDRESS – DSC LIMITED E-9, 1^st FLOOR, SOUTH EXTENSION PART-2, NEW DELHI.

2. MANAGING DIRECTOR

(EBONY GROUP AND DSC GROUP)

MR. H.S. NARULA,

C/O DSC LIMITED, E-9, FIRST FLOOR,

SOUTH EXTENSION PART-2, NEW DELHI-110049.

3. GAUTIER FRANCE

C/O DSC LIMITED,

E-9, 1^st FLOOR, SOUTH EXTENSION PART-2,

NEW DELHI-110049.

                                                                                          …………..RESPONDENTS

Date of Order: 04.07.2017

O R D E R

Ritu Garodia-Member

            The complaint pertains to defect in the product sold by OP.

            The complainant purchased a set of opalia bed  and two side tables which were delivered on 21.12.2015. The complainant paid Rs. 1,10,000/- for the same. Many defects were seen i.e.

1. The bed base was old and manufactured year 2009.
2. The wooden planks of the bed base are old and cracked.
3. The paint of the metal frame of the base was peeled and rusted.
4. the laminate of bed front panel had bubbles and black stains.
5. Both side tables had stains.
6. The side supports were missing.

The complainants addressed their grievances to OP-2 and several correspondences in this regard were made. Finally OP-2 decided to replace the bed and email dated 06.02.2015 is placed on record.

The relevant portion reproduced as under :-

“This is to confirm you that management has decided to give a fresh bed and the same will be delivered within 3 months from today. The bed will come from France with Gautier sealed pack with no defects.”  

No replacement has been provided till date. The complainant prays for refund. Complainant has also placed correspondence with OP-3.

OP-3 which in the company in France has also by email dated 26.11.2015 explained that they have no influence on OP-2 and advised them to continue the legal proceedings with OP-2 for the hardships faced by complainants.  

Notice was issued to OPs but none appeared. OPs were proceeded exparte on 21.07.2016.

We have considered the pleadings as well as the various emails placed on record. It is clear that OP-2 has assured that the bed will be replaced within 3 months but the same was not done. OP did not appear in the Forum to controvert allegations as well as correspondence placed by complainant. We have no reason to disbelieve averments made by the complainant.

We, therefore, find OP-2 guilty for selling the defective product and direct it to pay Rs.1,10,000/- along with interest @ 9% p.a. from the date of invoice till repayment. We also award the compensation of Rs.10,000/- towards harassment, inconveniences inclusive litigation expenses.

Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

       (D.R TAMTA)                       (RITU GARODIA)                                 (A.S YADAV)

         MEMBER                                   MEMBER                                        PRESIDENT