Delhi

North

CC/43/2021

ABDUL MATEEN - Complainant(s)

Versus

ELGIN ELECTRONICS PVT. LTD. - Opp.Party(s)

16 Jun 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CC No.: 43/2021

 

 

Abdul Mateen

S/o Sh. Abdul Malik,

H. No.1367, Gali Madarsa,

Shah Abdul Aziz, Kalan Mahal,

Darya Ganj, Delhi-110002                                                                         …                                Complainant

 

                                                                                                Vs

 

Elgin Electronic Pvt. Ltd.

Through its Director/ A.R.,

74, Darya Ganj,

Behind Police Station,

New Delhi-110002                                                                                                         …                 Opposite Party           

ORDER

16/06/2023

 

Ashwani Kumar Mehta, Member:

 

1.            The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the Complainant had purchased one A.C. 1.5 Ton ECO.INV -5KW FTKL50TV16V+ RK150TV16- S/No.0103262-0187469 on 21.11.2020 against Invoice No. EEPL/D/19-20/1001 of Rs.33,500/- from the OP.  Besides, Rs.300/- was also paid for delivery of AC at his house. After taking the delivery, the Complainant noticed that the A.C. was of old model of 2019 instead of 2020. Next day, the Complainant complained to OP about delivering the old model A.C. 2019 instead of 2020. The OP informed the Complainant that he has received the old model and the A.C. of new model will come on next week, then the OP will change the A.C. from old model to new model but did not deliver. The Complainant further states that he again contacted the OP and the OP explained him that due to COVID-19, the Company did not manufacture the new model 2020 A.C. and he further told that the Deponent may try anywhere, the model of 2020 of AC has not been manufactured by any company. On 24.02.2021, the Complainant again contacted the OP and requested to change the AC but the OP refused to change the old model AC on the ground that six months have passed.  The complainant states that the said A.C. has not been got installed by the Complainant till date and the Box has not been opened. It has been alleged by the Complainant that irresponsible and illegal acts of OP amounts to unfair trade practices and Deficiency in Service. Therefore, this complaint has been filed praying for directions:-

 

1. to the OP to replace the old model A.C. and handover the new A.C. model which was purchased by the Complainant on 21.11.2020 from the OP vide its Invoice No. EEPL/D/19-20/1001 of Rs.33,500/- to the Complainant; and/or refund the amount of Rs.33,500/- as A.C. cost to  the   Complainant alongwith interest  @18% per annum;
2. to the OP to pay Rs.50,000/- towards physical and mental agony suffered

by the Complainant; and

3. pass any other further order/s which may be deemed fit and proper under the facts and circumstances of the case, in the interest of justice.

 

Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did he send any communication despite service of the notice. Since the OP chose not to appear despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records which is sufficient to prove that the complainant has suffered directly due to deficiency in service of the OP (Elgin Electronics Pvt. Ltd.) in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

               

4.            Therefore, we feel appropriate to direct the OP (Elgin Electronics Pvt. Ltd.) to refund Rs.33500/- (Rupees Thirty Thousand Five Hundred only) within thirty (30) days from the date of this order, with interest at the rate of 9% p.a. from 03.03.2021 (date of filing of complaint) till the date of the payment. Besides, the OP is also directed to pay Rs.10000/-(Rupees Ten Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period. It is further directed that the OP may collect the said AC from complainant only after payment of the amount as ordered above.

 

5.            Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 

 

ASHWANI KUMAR MEHTA                                                                     DIVYA JYOTI JAIPURIAR

Member                                                                                                            President

                                DCDRC-1 (North)                                                                                           DCDRC-1 (North)