CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SHAKAR BHAWAN

CASE NO.CC/109/21

Date of Institution:- 08/04/2021

Order Reserved on:-06/02/2024

Date of Decision:­­-05/03/2024

In the matter of

Ms. Naresh Beri

W/o Sh. Heera Lal,

R/o RZ-66, Guru Nagar Chowk,,

Najafgarh, New Delhi-110043

                                        V/s

Jai Ambe Traders

Shop No-A-128, Main Bazar,

Old Anaj Mandi, Najafgarh,

New Delhi-110043.

  ……Opposite Party

O R D E R

Per.  R.C. Yadav, Member

1. The complainant is a consumer under the meaning and        come within the purview of the Consumer Protection Act   and permanent resident of RZ-66, Guru Nagar Chowk,   Najafgarh, New Delhi-110045. The complainant has         purchased Atta Chakki from Jai Ambe Traders situated at     Najafgarh Market, New Delhi and paid Rs. 6,500/- on     27/02/2020. The Atta Chakki was not working properly        since the day of purchase. The complainant has visited      the Jai Ambe Traders Private Limited several times and        they charges fees for services and they had not repair the    atta chakki in proper working condition. At the last Jai     Ambe Traders has kept the atta chakki at their shop and         confirmed the owner that nothing can be done of this         machine.  The complainant is a senior citizen and         behavior of the OP was not proper and courteous.  The complainant has requested the OP to rectify the problem in the machine or refund his amount. The OP has neither        rectified the problem in the atta chakki nor refunded the        price of the atta chakki. The complainant has visited the OP again and again but the problem in the atta chakki was        not rectified.  The complainant has prayed for refund of     her money along with Rs. 50,000/- for mental agony and         harassment.  The complainant has requested to pass any    order which this Hon’ble Forum deem fit and proper in this       complaint.
2. In response to the written statement, the complainant has     filed the rejoinder reiterating the allegation made in the       complaint and denying the allegation leveled in the written       statement.
3. Both the parties have filed their affidavit of evidence as         well as written argument in support of their respective       case. Notice of the complaint was served to OP. OP has      filed replied and taking several preliminary objections that      the complainant has purchased grinding machine and paid    Rs. 6,500/- for the machine. After two-three months the         complainant came to his shop and made a complaint in        the machine.  There was just a nut-bolt issue in the     machine and was resolved by the OP and the machine     was working perfectly.  The complainant visited the OP         again and again on the pretext of one issue and other and    to extort money from the OP.  The complainant has asked a new machine at the place of the old machine. It was       clearly mentioned in the guarantee card that repair will be    provided at the shop and complainant has left the machine         abandoned in the front of the shop.  Since then the       machine is in the shop of the OP and the complaint may   be dismissed.
4. We have gone through the material on record carefully         and thoroughly.
5. It is the case of the complainant that she is resident of          RZ-66, Guru Nagar Chowk, Najafgarh, New Delhi-110045 and has purchased a Atta Chakki from Jai Ambe Traders        situated at Najafgarh Market, New Delhi and paid  Rs.   6,500/- for the Atta Chaki to the OP. on 27/02/2020. The         Atta Chakki was not in working properly since the day of       purchase. The complainant has visited the several  times      to the OP for of repair the atta chakki but the problem in         the Atta Chakki could not be rectified  in proper working        condition by the OP. The complainant also requested to         change the Atta Chakki or refund the money but the OP        has neither rectified the problem in the atta       chakki nor        refunded his money. Any person who purchase the new        machine presume it will be free from all defects. The    complainant being a senior citizen visited several times to         the OP but the problem in the atta chakki remained the         same which clearly constitute deficiency in service and     unfair trade practice on the part of the OP.
6. Accordingly, we allow the complaint and direct the OP to      refund Rs. 6,500/- along with Rs. 4,000/- lump sum for the     mental agony and litigation charges within 45 days   from the   dated of the receipt of this order, failing which       the OP shall be liable to pay the entire amount  with      interest @ 9% per     annum till realization.

• Order be sent to the contesting parties.

• File be consigned to record room.
• Announced in the open court on 28/02/2024.