BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI

                                                Complaint Case No. 675 of 2019

                                                Date of Institution: 08.08.2019

                                                Date of Decision: 13.06.2022

Mohinder Singh son of Shrichand, resident of village Kari Aadu, Tehsil Badhra & District Charkhi Dadri.

                                                        ….Complainant.

Versus

Fauji Steal Industry near Budhera Mor, Dhigawa Mandi, Tehsil Loharu, District Bhiwani through its Proprietor Sunil Fauji.

                                                        …....Respondent. 

                COMPLAINT UNDER SECTION 12 OF

                THE CONSUMER PROTECTION ACT, 1986

Before: -  Sh. Vijay Singh, President.

                Mrs. Harisha Mehta, Member.

Present:    Complainant in person.

OP already exparte.

ORDER:     

                        Mohinder Singh (hereinafter referred to as “The complainant”) has filed the present complaint under Section 12 of Consumer Protection Act, 1986  against the Opposite party(hereinafter referred to as OP) stating that on 8.6.2019 he purchased an air cooler of fiber body amounting to Rs.5,000/- from the shop of OP for his domestic use.  It is submitted that at the time of selling the cooler, the OP told to the complainant that the cooler is fitted with branded kit and water pump of branded company i.e. (Khetan Electronics).  It is further submitted that the OP did not issue any bill of the cooler despite the requests of the complainant but issued a warranty card of  the fan and water pump of cooler for one season on a visiting card pertaining his shop.  It is further submitted that when complainant started using the cooler, the water from the tank started leaking and in few mintue the whole tank of cooler became empty.  After the inspection of the cooler it was detected that  the water tank of the cooler is broken in the bottom and it was also found that the kit fitted in the cooler is local make not of Khetan Electronics.  

2.                     On dated 9.6.2019 the complainant told to the OP about the condition of the cooler, upon this the OP send a mechanic for the inspection of the cooler at complainant’s home, who reported that the tank of the cooler is broken and the fiber body cannot be repaired and the mechanic gave an assurance that very soon cooler will be replaced.  The complainant requested to the OP time and again to change the cooler but till today he did not  replaced the damaged cooler and putting off the matter to one pretext to another.  The complainant got served a legal notice to the OP but the OP not replied the notice of the complainant till today.  It is further submitted that the complainant has suffered a lot of financial loss, mental and physical harassment and entitled for compensation on this account to the tune of Rs.25,000/- alongwith interest upto date.  Hence, this complaint.

3.                None has appeared on behalf of OP and proceeded against exparte vide order dated 9.5.2022.

4.                Complainant has tendered into evidence his affidavit as Annexure CW1/A and documents i.e. Legal notice as Annexure C-1, postal receipt as Annexure C-2, copy of AD as Annexure C-3, copy of photos of cooler as Annexure C-4 to Annexure C-6 and copy of card i.e. warranty card of Fauji Steal Industry as Annexure C-7 and closed the evidence on behalf of complainant.

5.                 After going through the record and hearing counsel for complainant, it is noticed that the only grievances of the complainant is that OP no. 1 had sold him a defective cooler. At the time of selling the cooler, the OP said that the cooler is of good quality and fitted with branded kit of fan and water pump i.e. (Khetan Electronics) and the body of the air cooler is of fiber which has very long life, but when he started using it, the water from the tank of the cooler started leaking and after some time the whole tank became empty.  On checking the kit as well as the water pump were found of local company.  Next day when complainant came to know that the kit and water pump of cooler are of local company and the body of the air cooler having cracks he immediately made an oral complaint to the seller.  The complainant has categorically pleaded in his complaint that the OP did not issue a bill of the air cooler rather handed over him a visiting card of his shop mentioning on the back side of the visiting card that the water pump would be in warranty period of one year w.e.f. 8.6.2019. As grievances of the complainant was not redressed by the OP despite making complaint and issuing legal notice Annexure C-1, thus complainant was forced to file this complaint. 

6.                 In order to prove its case, the complainant has placed on record legal notice Annexure C-1 and filed an affidavit in support of his complaint which is Annexure CW1/A.  Complainant has placed on record the photographs Annexure C-4 to Annexure C-6 of the cooler and the visiting Card Annexure C-7 which gives the guarantee of the cooler for one year w.e.f. 8.6.2019.  Whereas, the OP despite receipt of notice, appeared in court once but thereafter he neither filed the written statement nor argued the matter.  So the evidence produced by complainant goes unrebutted and unchallenged. 

7.                We have gone through the contents of the complaint as well as the affidavit Annexure CW1/A of complainant and legal notice.  In the affidavit the complainant has reiterated the averments of his complaint.   It is further observed that the complainant purchased the cooler on 8.6.2019 and he reported the complaint to OPs on very next date i.e. 9.6.2019.  So there was no occasion for the complainant to mis-use the product in such a short period.  Despite several requests,  OP did not issue the bill of the product which make it clear that he knew that the product was defective and that is why he did not issue the bill of the cooler to the complainant.  Annexure C-7 visiting card disclosed the address of premises of the shop of the OPs and on its back side the guarantee for one year with effect from 8.6.2009  of the water pump of the cooler which is duly signed by the Ops as per complainant is on file.  So there is ample evidence in support of the complaint, whereas there is nothing at all on record to rebut the averment of the complaint as well as evidence produced on record by him.  The complainant was reported to the Ops from the next date of purchase of the cooler but the OPs failed to redress the grievances of the complainant despite repeated requests which proves the deficiency of service on the part of OPs. 

8.                After going through the aforesaid discussion, the complaint of the complainant stands allowed and OP is directed to replace the water cooler with new one of same brand and same capacity to the complainant within 15 days from the date of passing of this order and Rs.5,000/- as compensation on account of suffering financial loss, mental agony and pain to the complainant who is forced to face this litigation for the last about 3 years.  If the OP did not comply the order within 15 days, OP would be liable to pay of Rs.200/- per day to complainant. A copy of this order be supplied to both the parties free of costs. File be consigned to record room after due compliance.

Announced in open Commission.

Dated: - 13.06.2022

 (Harisha Mehta)                       (Sh. Vijay Singh)

 Member.                                       President,

                                                  District Consumer Disputes

                                                  Redressal Commission, Bhiwani.