Haryana

Ambala

CC/164/2023

MOHIT GULATI. - Complainant(s)

Versus

ECLIPSE INTERNATIONAL - Opp.Party(s)

IN PERSON.

13 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	164 of 2023
Date of Institution	:	28.04.2023
Date of decision	:	13.12.2023

 

Mohit Gulati son of Sh. Harinder Gulati, resident of House No.1, Adarsh ​​Nagar, Model Town, Ambala City, Haryana-134003

          ……. Complainant.

                                                Versus

1. Eclipse International, Corporate Office- MRFI Pvt. Ltd., 24 Basant Lok, Community Centre, Vasant Vihar, New Delhi-110057 Email id-care@eclipsemattress.co.in and info@eclipsemattress.co.in
2. Dhiman Furniture and Decorators, Sena Nagar, Ambala City, Haryana, Opposite Party.

….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri. Vinod Kumar Sharma, Member.           

 

Present:      Complainant in person.

                   OP No.1 already ex parte.

                   OP No.2 already given up.

                                              

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To replace the mattress free of cost including transportation charges.
2.  To pay Rs.2,00,000/- as compensation on account of mental pain, harassment and agony caused to him.
3. Product liability action shall be taken against OPs for selling defective mattress.
4. To pay Rs.20,000/- as cost of litigation.
5. Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant purchased  mattress of Eclipse International bearing Batch no. 110411130116, Model No.- Comformatic Potofino, Size- 190cm x 178cm x 15cm (75" x 70" x 6") from OP No.2 on 25.01.2013 for an amount of Rs.25,000/- which carried warranty of 10 Years from the date of purchase. After facing problem in the said mattress, the complainant made a complaint to OP No.2, who informed that the complainant should contact OP No.1. Accordingly, the complainant sent email dated 18.10.2015 to OP No.1. After sending reminder mail dated 10.11.2015 to OP No.1, the complainant received email dated 10.11.2015 from Mr. Mohammad Parvej Khan, DGM-Eclipse Mattress India that the mattress would be inspected by the team. As per the inspection conducted by Mr. Mayank (Executive of Company) he found that there was a problem in the fabric and springs of the mattress. But due to no response from the company, the complainant sent a legal notice vide email dated 04.01.2018. After receipt of the legal notice mail, the complainant received email on 04.01.2018 from OP No.1 to the effect that the mattress will be picked up and inspected by OP No.1. The complainant again sent email on 05.01.2018 informing OP No.1 that legal notice has already been sent and the mattress needs to be replaced. Accordingly, Mr. Tarun Kumar admitted his mistake through email dated 05.01.2018 and assured that the mattress would be replaced. Accordingly, the mattress was replaced. After some period, the complainant again started facing the same problem in the mattress and sent email dated 25.06.2022 to OP No.1. Accordingly, Mr. Chetan Sharma (Executive of Company) visited and inspected the mattress on 27.06.2022. He found that the mattress is stuffed from both sides and touching to bed bottom while sitting and issued a Product Complaint Form. Thereafter, there was no response from the company, hence, the complainant sent email dated 06.07.2022 to do the needful. But there was no response from OP No.1 and as such the complainant sent a legal notice vide email dated 10.09.2022. Till date the complainant  has not received any reply of legal notice. Both the Original and the replaced mattress are faulty and having manufacturing defect. As per Section 83 of the Consumer Protection Act, 2019, a product liability action may be brought by a complainant against a product manufacturer for any harm caused to him on account of a defective product and as per Section 84 (1) (a) of the Consumer Protection Act, 2019, a product manufacturer shall be liable in a product liability action, if the product contains a manufacturing defect. As per 91 (1) of the Consumer Protection Act, 2019, whoever, by himself or by any other person on his behalf, manufacturers for sale or stores or sells or distributes or imports any spurious goods shall be punished if such act (a) causing injuring not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to Rs.3,00,000/- (Rupees Three Lakh Only). Lastly, the complainant sent one more reminder email dated 30.09.2022 before filing the present complaint but to no avail.  Hence this complaint.
3.           Upon notice, none appeared on behalf of the OP No.1 before this Commission, therefore, it was proceeded against ex-parte vide order dated 16.06.2023.
4.           On 10.10.2023, complainant suffered a statement to the effect that he wants to give up OP No.2. As such, OP No.2 was given up from the array of parties.
5.           Complainant tendered his affidavit as Annexure CW1/A alongwith documents as Annexure C-1 and C-14 and closed the evidence of the complainant.
6.           We have heard the complainant and have also carefully gone through the case file.
7.           It may be stated here that it is coming out from the record that after purchase of the mattress on 25.01.2013, which carried warranty of 10 years, the  complainant starting sending emails from 18.10.2015, Annexure C-1 complaining about defective mattresses, as a result of which,  OP No.1 vide email dated 04.01.2018, Annexure C-5 agreed that the said mattresses will be picked for inspection of any manufacturing defect therein. Thereafter, it is coming out from the contents of email dated 25.06.2022, Annexure C-8, that the complainant has informed the OPs that despite replacement of the said mattresses in January 2018 (within warranty period), even the replaced mattresses have also gone defective because on sitting, it got pressed and not come back to its original position.  Complaint form dated 27.06.2022, Annexure C-10 to this effect was also filled by the complainant. Request was made to replace the said replaced defective mattress with a new one as the same was under warranty period. Thereafter, reminder emails dated 06.07.2022, Annexure C-9 and 10.09.2022, Annexure C-11 were also sent by the complainant, but there is nothing on record that the same were replied by the OPs.  It is significant to mention here that, as stated above, notice of this complaint was sent to OP No.1, seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded against ex parte vide order dated 16.06.2023. This act of OP No.1 draws an adverse inference against it. The non-appearance of OP No.1 shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted and as such, we have no reason to disbelieve the contention of the complainant that OP No.1 did not replace the defective mattresses. In this view of the matter, we hold that the OPs liable to replace the defective mattresses with the new one. It is also liable to compensate the complainant for the mental agony and physical harassment suffered by the complainant alongwith litigation expenses. 
8.           The present complaint filed by the complainant against OP No.2 is liable to be dismissed, being given up.   
9.           In view of the aforesaid discussion, we hereby dismiss the present complaint against OP No.2 being given up and allow the same against OP No.1 and direct it, in the following manner:-
   1. To replace the defective mattress with a new one (defect free).
   2. To pay Rs.3,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.2,000/- as litigation expenses.  

         

                    The OP No.1 is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP No.1 shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced:- 13.12.2023

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President