DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.432 of 2017
Date of institution: 20.06.2017 Date of decision : 27.07.2018
Harpreet Singh son of Gopal Singh, resident of House No.1316/15, Phase-XI, Mohali.
…….Complainant
Versus
J.S. Furniture & Mattress, Shop No.42, Madanpura Road, New Furniture Market, Sector 54, Chandigarh through its Incharge/Proprietor.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member.
Mrs. Natasha Chopra, Member.
Present: Shri Raghubir Singh, counsel for complainant.
OP ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant purchased mattress from OP on 16.01.2016 with warranty uptill 15.01.2026. Amount of Rs.3,700/- was paid. However, 14 months after date of purchase, the mattress started pressing from the middle. Complainant approached OP regarding the faced problem and thereafter on 12.04.2017 official of OP visited house of complainant for checking the mattress. After checking the mattress, the said official claimed that mattress has to be replaced, regarding which information will be given by him to the proprietor/owner of the shop. Complainant kept on waiting for replacement of the mattress, but thereafter no satisfactory reply given, despite the fact that request for replacement again submitted on 26.04.2017. By pleading deficiency in service on part of OP, prayer made for directing OP to replace the defective mattress or refund the amount of Rs.3,700/-. Compensation for mental agony and harassment of Rs.50,000/- and litigation expenses of Rs.33,000/- more claimed.
2. OP is ex-parte in this case.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith document Ex.C-1 and thereafter his counsel closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Perusal of invoice Ex.C-1 shows that pair of mattress was purchased by complainant from OP on 16.01.2016 by paying Rs.3,700/- as price. On the warranty card, it is mentioned as if the warranty is for period from 16.01.2016 to 15.01.2026 and as such contents of the complaint and the supporting affidavit are correct that warranty of 10 years on the purchased mattress was given. However, this mattress started pressing from the middle, due to which complainant approached OP and on checking of the same by official of OP on 12.04.2017, promise for replacement was made as per contents of Ex.CW-1/1. Despite that promise replacement not taken place, albeit complainant approached OP again on 26.04.2017 and as such it is obvious that there is deficiency in service on part of OP not only with regard to providing replacement, but even with regard to non fulfillment of promise qua replacement. So complainant becomes entitled to refund of the paid amount on receipt of copy of order within 30 days of such receipt by OP failing which OP will have to pay interest @ 6% per annum from today till payment. As OP has not contested and as such meager reasonable amount of compensation and litigation expenses should be allowed.
8. As a sequel of above discussion, the complaint allowed in terms that OP will refund Rs.3,700/- within 30 days from the date of receipt of certified copy of the order, failing which the complainant will be entitled to interest @ 6% per annum from today till payment. Compensation for mental agony and harassment of Rs.2,000/- and litigation expenses of Rs.2,000/- more allowed in favour of complainant and against OP. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
July 27, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
