DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 201/2019

QUORUM:

Judgment By: Shri S.S. Malhotra (President)

JUDGMENT

By this judgment the Commission would dispose off the present complaint filed by the Complainant against OP w.r.t. deficiency in service in selling a defective Bag and then not returning it after repair.

1. Brief facts as stated by the complainant in the complaint are that he purchased one American Tourister Bag for Rs.1850/- from OP on 09.04.2017 with warranty of one year and this Bag was found defective and when he approached the OP w.r.t. its bad condition, the official concerned took the bag on 21.02.2018 and informed him that the same would be replaced within a period of 4 days but since thereafter neither the bag has been repaired nor returned nor any amount has been refunded and as such he has filed the present complaint case against OP seeking direction to the OP to return the cost of the bag i.e. Rs.1850/- along with compensation of Rs.30,000/- and litigation charges of Rs.5000/-. 
2. The OP was served but neither has filed the written statement nor has appeared and ultimately was proceeded ex-parte vide order dated 13.09.2022.
3. Complainant has filed his evidence by way of affidavit and has placed on record the documents i.e. purchased bill and the receipt by which the bag was returned to the OP.
4. The Commission has heard the arguments and perused the records.
5. The fact that complainant purchased a bag from OP, it was defective, it was returned to the OP against a valid receipt and it was never returned to the complainant are the facts which have gone unrebutted as OP despite having been served has not filed the written statement.  Had he would have appeared the Commission would be having the opportunity to appreciate his contention but in absence of any written version of OP the facts narrated by complainant have gone unrebutted and the complainant has been able to prove that there is deficiency on the part of OP in selling a defective product and then is not returning the same after repair. Simultaneously, it is also matter of record that the first complaint was made by complainant after 10 months of the purchase and therefore compensation claimed is highly exaggerated and cannot be granted to that extent.

• Therefore, OP is hereby directed to refund Rs.1850/- to the complainant from the date of filing the complaint with interest @ 12% p.a. from the date of filing the complaint upto realization and a compensation of Rs.6000/- including litigation charges.   

This judgment be complied with within 30 days from the date of receipt of the judgment and if not complied as directed then OP would pay interest @ 15% on all above amounts and from the date of filing the complaint upto realization.   

Copy of the judgment be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 04.03.2024.