Punjab

Sangrur

CC/13/2015

Deepali - Complainant(s)

Versus

I.P. Singh - Opp.Party(s)

Shri Vineet Duggal

16 Apr 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    13

                                                Instituted on:      07.01.2015

                                                Decided on:       16.04.2015

 

Deepali daughter of Sh. Balbir Chand Duggal, resident of Bhalla Enclave, Behind Kamal Palace, College Road, Sangrur.

                                                        …Complainant

                                Versus

I.P.Singh, authorised signatory, Oceanic Gym, SCO 32-33-34, Phase 3B-2, SAS Nagar Mohali.

                                                        …Opposite party

For the complainant    :               Shri Vineet Duggal, Adv.

For OP                      :               Exparte.

 

Quorum:    Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

 

Order by : Sukhpal Singh Gill, President.

 

1.             Ms. Deepali, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that in the year 2009 the complainant purchased one treadmill from the OP. It is further averred that the said treadmill stopped working and as such the complainant approached the OP and on 21.11.2014, the service engineer of the OP visited the complainant and charged Rs.3500/- by replacing the defective part of the machine in question and he also gave a warranty of six months for the said part.  It is further averred that when the complainant demanded the bill, the same was not issued on saying that the same will be sent through email id.  On the next date i.e. on 22.11.2014, when the complainant started the said treadmill in question in the morning, the treadmill again stopped working.  As such, the complainant immediately approached the OP and requested to remove the defect. It is further averred that the engineer of the Op visited the complainant and after checking the said machine told that the same part requires replacement. It is further stated that the engineer further told that if the complainant wants to get the same defective part replaced, then the complainant was required to pay Rs.2500/-.  As such, the complainant got served a legal notice upon the OP for replacement of the defective part or to refund Rs.3500/-, but nothing happened. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to replace the defective part of the machine in question free of cost or to refund the purchase price of the said part i.e. Rs.3500/- and further claimed compensation and litigation expenses.

 

2.             Notice sent to the Op through registered post was received back with the remarks ‘unclaimed’.  As such, the service was effected on the OP through substituted service i.e. through ‘Ajit Samachar’, but again the OP did not appear, as such OP was proceeded exparte on 19.03.2015.

 

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of legal notice, Ex.C-3 copy of email, Ex.C-4 to Ex.C-5 copies of contact address, Ex.C-6 postal receipt and closed evidence.

 

4.             We have carefully perused the complaint, documents and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.

 

5.             The learned counsel for the complainant has contended vehemently that the complainant paid an amount of Rs.3500/- for replacing one of the part of the treadmill  machine on 21.11.2014 to the OP, but despite that the machine in question did not work, as such, the complainant again approached the OP and lodged the complaint regarding non working of the machine in question despite replacement of part by the OP and charging of an amount of Rs.3500/-.  On this, the engineer of the OP visited the premises of the complainant and after checking of the machine in question demanded an amount of Rs.2500/- for replacement of the same defective part despite the fact that the same was under a warranty of six months.  To support such a contention, the learned counsel for the complainant has produced Ex.C-1 affidavit of the complainant, Ex.C-2 is the copy of legal notice served upon the OP and Ex.C-6 is the postal receipt of the same. Ex.C-3 is the copy of email sent to the OP.  Ex.C-4 is the copy of details of the machine.  Further record shows that the OP did not appear despite service through substituted service.  In the circumstances, the OP was proceeded exparte.  It is further the case of the complainant that the OP did not issue the bill/receipt for the amount of Rs.3500/- for the replacement of the part of the machine in question.  The whole of the evidence is unrebutted as the OP did not appear.  In the circumstances, we find it to be a clear case of deficiency in service on the part of the OP by not making the machine in working order despite charging of an amount of Rs.3500/- from the complainant.

 

6.             In view of our above discussion, we allow the complaint and direct the OP to refund to the complainant an amount of Rs.3500/-. The OP is further directed to pay to the complainant an amount of Rs.1500/- as consolidated amount of compensation.

 

7.             This order of ours be complied with within a  period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                April 16, 2015.

                                                (Sukhpal Singh Gill)

                                                     President

                               

 

                                                   (K.C.Sharma)

                                                        Member

 

 

                                                    (Sarita Garg)

                                                       Member