BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.
Complaint Case No.253 of 2017.
Date of Instt.:04.10.2017.
Date of Decision:20 .12 .2017.
Pardeep Madaan son of Sh.Bishamber Lal, Palika Bazaar, Fatehabad, Tehsil and District Fatehabad.
..Complainant
Versus
EZSWIPE Business Solutions Pvt. Ltd., Sh.J.P. Tower, 2nd Floor, Opp. Fire Station, New Railway Road, Gurgaon-122001, Haryana.
..Respondent/OP
Before: Sh.Raghbir Singh, President.
Sh.R.S.Panghal, Member.
Mrs.Ansuya Bishnoi, Member.
Present: Sh.S.K.Rang, Adv. for the complainant.
OP already ex-parte.
ORDER
The present complaint under Section 12 of Consumer Protection Act, 1986 has been filed by the complainant against the OP with the averments that he has purchased one swipe machine from OP for an amount of Rs.8,000/- vide PO No.:EZ/PO/ 1323 dated 08.03.2017. The OP also assured to the complainant at that time that there is a warranty/ guarantee of life time on the swipe machine and during this period, if any manufacturing defect and any other problem in the machine is found in that eventuality the said machine will be replaced with new one or cost of the machine will be paid to the complainant.
2. That after some time the swipe machine did not work properly and as such the complainant approached to OP and narrated about the problem of machine on the toll-free number of the OP. In response the OP replied that his inspection-team will check the machine and in case if any problem is found then the machine will be replaced with new one or the cost of the machine will be refunded. However till August, 2017 neither the inspecting team nor any other person came for inspection of the swipe machine. So the complainant in the beginning of September again called the OP on the toll-free number and disclosed the problem and registered a complaint with him. On this the OP gave complaint number to the complainant by saying that his worker will collect the machine and the problem in the said machine will be solved in two days. The complaint number which was registered with the OP is EZ21363 but none from the OP came to collect the machine and then the complainant again called on toll-free number on 12.09.2017 and registered a complaint No.EZ21601 with the complaint but all in vain. It is also further submitted that thereafter the complainant asked several times to OP to return the original cost of the said machine along-with interest, but the OP refused to do the same.
3. The above said act on OP amounts to deficiency and unfair trade practice on the part of OP in rendering service to the complainant. It is further prayed for the present complaint may be allowed and the OP may be directed for refunding the original cost of the swipe machine along-with compensation. Hence, the present complaint.
4. Despite proper service, the OP did not come present in the Forum and as such he was proceeded ex-parte on 10.11.2017.
5. The complainant tendered his affidavit as Annexure CW1/A in his evidence along-with document Annexure C1 i.e. Purchase order and closed the evidence.
6. The complainant in his arguments reiterated the submissions made in the complaint and further submitted that the OP in-spite of his assurance neither repaired the swipe machine in question nor replaced or refunded the amount of the same. The OP despite registering complaint by the complainant did not even bother to send their mechanic or engineer for inspection and repair of the machine in question. It is further contended by the complainant that the above said act on the part of OP amounts to deficiency and unfair trade practice. Therefore the present complaint may be allowed and the OP may be directed for refund of the original cost of the swipe machine along-with compensation.
7. We have duly considered the arguments advanced by the complainant and have also perused his pleadings and documents relied upon. The averments made by the complainant has been proved/ reaffirmed by the complainant in his affidavit produced in evidence. From Annexure C1, it is also evident that the machine in question was purchased by the complainant from the OP by making payment of Rs.8,000/-. The above said averments made in the complaint and the documents relied upon by the complainant has gone unrebutted as the OP did not contest the present complaint. Therefore we are of the considered opinion that the complainant has been able to prove deficiency on the part of OP in rendering service to him.
8. Accordingly the present complaint is allowed and the OP is directed to make a payment of Rs.8,000/- i.e. original cost of swipe machine along-with compensation of Rs.2,000/- on account of mental agony, physical harassment and litigation charges to the complainant within a period of one month from the receipt of copy of this order otherwise the said amount will carry an interest @ 6% per annum. A copy of this order be furnished/given to both the parties free of cost as provided in the rules. File be consigned to record room after due compliance.
ANNOUNCED IN OPEN FORUM. Dt.20.12.2017
(Ansuya Bishnoi) (R.S.Panghal) (Raghbir Singh)
Member Member President
DCDRF, Fatehabad
