Chandigarh

DF-II

CC/308/2022

Mahavir Crockery 7 - Complainant(s)

Versus

Hi-Tech Sweet Water Technologies Pvt. Ltd. - Opp.Party(s)

Atul Goyal & Arjun Kundra, Adv

11 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	308 of 2022
Date of Institution	:	29.03.2022
Date of Decision	:	11.09.2023

 

                     

            

 

M/s Mahavir Crockery 7 through its proprietor of Lajwanti, SCF No.53, Phase VII, Sector 61, SAS Nagar (Mohali) Punjab.

                 ...  Complainant

Versus

 

Hi-Tech Sweet Water Technologies Pvt. Ltd., through its Directors Vijay Kumar Shah, Satish Dhanraj Agarwal, Dilipbhai Khushalbhai Patel having registered office at 4, Gopal Nagar, Nandida Char Rasta GIDC bardoli, District Suraj (Gujarat) 394601

 

…. Opposite Party

 

Bharat Distributors, SCO No.362, Sector 35-B, Chandigarh

…. Proforma Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                  MEMBER

 

Present:

Sh.Atul Goyal, Counsel for the complainant OP No.1 exparte. Proforma Party exparte

 

PER B.M.SHARMA, MEMBER

 

         Concisely put, the complainant firm purchased a Magic ST Hi-Tech Water Purifier, manufactured by OP No.1, on 15.4.2021 from Proforma OP, dealer of OP No.1, against Bill for an amount of Rs.11,000/- (Ann.C-3).  It is stated that the said water purifier has a feature of releasing both hot & cold water.  In March, 2022, the said water purifier gave problem regarding non-release of cold water.  The complainant reported the fault in the water purifier to OP No.1 on 23.3.2022 against complaint No.6643 followed by several calls on helpline of OP No.1 but despite of all that, no one has been sent by OP No.1 to rectify the defect/fault in the purifier and as such the purifier is lying defective. Hence, this complaint has been preferred alleging the said act & conduct of the OP No.1 as deficiency in service.

 

2]      Despite due service, OP No.1 failed to put in appearance and as a result, the OP No.1 was ordered to be proceeded against exparte vide order dated 19.01.2023.

3]       The complainant led evidence by way of affidavit and documents.

 

4]       We have heard the ld.Counsel for the complainant and thoroughly perused entire evidence & documents on record. 

 

5]       It is well proved on record from Annexure C-3 that the complainant made payment of Rs.11,000/- towards the product in question. The grouse of the complainant is that the water purifier in question became defective within one year purchased and it has not been repaired/rectified by OP No.1 despite reported the matter and making several calls. In our opinion, the non-providing of repair service or replacement of the product, if not repairable, within first of its purchase, is unfair on the part of OP No.1 and it also amounts to deficiency in service.      

 

6]       Further, the OP No.1 despite being duly served, failed to appear or come forward to contradict the allegations set out in the present complaint, which has raised a reasonable presumption that the Opposite Party No.1 has failed to render due service to the complainant and have nothing to contradict meaning thereby that the OP No.1 has duly admitted the claim of the complainant.  Therefore, the deficiency in service and unfair trade practice on the part of the OP No.1 is clearly made out, which certainly has caused loss to the complainant. 

 

7]       From the above discussion and findings, we are of the opinion that the deficiency in service and unfair trade practice has been proved on the part of the OP No.1. Therefore, the present complaint is partly allowed with direction to the Opposite Party No.1 to repair the product in question, free of cost and in case it is non-repairable, then refund the cost of the product i.e. Rs.11000/- to the complainant. The OP No.1 is also directed to pay a lumpsum amount of Rs.5000/- to the complainant as compensation for deficient services and indulging in unfair trade practice, which includes litigation cost as well.

         This order shall be complied with by the OP No.1 within a period of 45 days from the date of receipt of copy of this order.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

11.09.2023                                                          

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER