Delhi

East Delhi

CC/674/2015

ANSAR ALI - Complainant(s)

Versus

GLOSSY GODWRI - Opp.Party(s)

01 May 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.674/15

Shri ANSAR ALI,

S/O ABRAR ALI, AGE-38 YEARS,

OCCUPATION: SELF EMPLOYED,

R/O: 153, III FLOOR, WEST GURU ANGAD NAGAR,

LANE NO. 11, LAXMI NAGAR,

1.  

                                                                                                                         ….Complainant

•  

 

Shri AMIT GUPTA, PROPRIETOR,

R/O: GLOSSY DODOWN SHOP,

H.NO.A-20, LANE NO. 3, A BLOCK,

JAGATPURI, NEW DELHI.

 

                                                                                                                               ….Opponents

 

Date of Institution: 02.09.2015

Judgment Reserved for: 01.05.2017

Judgment Passed on: 24.05.2017

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. Present complaint has been filed by Shri Ansar Ali, the complainant against Shri Amit Gupta the respondent praying for directions to OP to replace or refund the cost of the defective western commode and cistern system and Rs.1,00,000/- for compensation and cost of litigation.
2. Facts in brief are that the complainant had purchased one Western Commode Seat & wash basin for Rs.3,400/- & Rs.1,950/- respectively on 05/04/2015 for which no proper invoice was issued. These both were fitted by a plumber, but soon after installation the water started coming out the commode due to which the water storage tank got drained. It is stated that the plumber informed the complainant that there was manufacturing defect in the commode, which led to the waste dirty water flowing out of the commode. The complainant has stated that he along with his family members had to face acute water shortage due to continuous leakage of water. The complainant contacted OP, who did not attend the complaint and delayed redressal on one pretext or the other and even misbehaved with the complainant. It is also stated that the complainant was forced to shift with his family because of the defective commode sold by OP. Legal notice dated 20/04/2015 was served upon OP, which was duly replied vide reply dated 13/05/2015, where the sale of the above said goods was denied. Hence, the complainant has prayed for refund of the cost of the commode and Rs.1,00,000/- as compensation for mental agony & harassment.
3. The complainant has annexed copy of bill showing cash transaction, legal notice dated 20/04/2015 and its reply dated 13/05/2015.
4. Reply was filed by OP after the notice of the present complaint was served upon them. In their reply they took the plea that Shri Amit Gupta was the proprietor of Shree Krishna Sanitary and not of Glossy Godown as alleged by the complainant. Sale of western commode set and Wash Basin was also denied. It was stated that the complainant used to visit OP on several occasions to get the estimates/quotes for goods and in case of purchase proper retail invoice was issued, which was issued in case of purchase on 05/04/2015.
5. Evidence by way of affidavit was filed by the parties. Complainant examined himself and has narrated the facts of the complaint. He placed reliance on two receipt and exhibited them as Ex. A/1 & Ex. A/2, Legal notice dated 20/04/2015 as Ex.A/3, reply to legal notice is Ex. A/4 and photographs.
6. Affidavit of Shri Amit Gupta has been filed on behalf of OP, who has reiterated the contents of their reply and exhibited bill bearing no. 587 bill book no. 12 dated 05/04/2015 as Ex.RW1/1.
7. We have heard the arguments on behalf of the complainant and Ld. Copunsel for the OP. We have perused the material placed on record, the complainant has got exhibited the receipt Ex. A/1 which bear signatures of Shri Amit Gupta. An affidavit filed on behalf of OP reads “Amit Gupta proprietor of Shree Krishna Sanitary, having shop at Glossy Godown, Shop No. 20 Lane no. 3, A Block Jagatpuri, Delhi” which is the address given by the complainant in memo of parties. On one hand Shri Amit Gupta has taken plea that he was not the proprietor of Glossy Godown and Ex. RW1/1, the bill annexed with his reply bears address A-21, Gali No. 3, Jagatpuri, Delhi.
8. Further, in practice Retail invoice is always not issued by the Sanitary Ware retailers, transactions are done on rough papers. Thus, the plea taken by Amit Gupta seems to be just an afterthought for creating defense. Hence, we allow the present complaint as Respondent has sold defective WC, thereby causing great mental harassment and inconvenience to the complainant & his family. Therefore, OP is directed to refund the cost of the said defective good to the complainant. We also award Rs.7,500/- as compensation for mental agony & harassment, this shall be inclusive of litigation expenses. If the said order is not complied within 30 days from the date of receipt of this order then OP shall be liable to pay 9% interest on 10,900/- (Rs.3,400+Rs.7,500)  from the date of filing complaint till realization.

Copy of this order be sent to both the parties as per law.

 

 

 

(Dr. P.N. TIWARI)                                                                    (HARPREET KAUR CHARYA)              

      MEMBER                                                                                              MEMBER

 

 

                                                 (SUKHDEV SINGH)

                                                     PRESIDENT