Haryana

Ambala

CC/213/2024

ASHOK KUMAR GULATI - Complainant(s)

Versus

JANTA FURNITURE HOUSE - Opp.Party(s)

D.S. MAAN

13 Dec 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	213 of 2024
Date of Institution	:	09.08.2024
Date of decision	:	13.12.2024

 

Ashok Kumar Gulati aged about 47 years s/o Shri Pritam Singh, R/o House No. 17, Jalbera Road, Lajpat Nagar, Ambala City.

          ……. Complainant

                                                Versus

1. Janta Furniture House, Court Road, Ambala City-134 003, through its' Proprietor/Authorized Signatory.
2. Kurl-on-Limited, Plot No. Part of GAE-1, Industrial Area, Malanpur (Ghirongi), District BNhind-477 116 (Madhya Pradesh).

….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:      Shri Devinder Singh Maan, Advocate, counsel for the complainant.

                   OPs already ex parte vide order dated 10.10.2024.                                            

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To either replace the two defected set of Kurl-on mattresses Inspire, of double bed, purchased for a total sum of Rs.49,000/- against two separate Invoices bearing No.6606 dated 15.09.2023 and No.6611 dated 20.09.2023; or to refund the costs of the same, to the complainant; alongwith  interest at the rate of 18% per annum, from the date of purchase i.e. 15.09.2023 till the date of payment.
2. To pay Rs.2,00,000/- on account of compensation for causing deficiency in services and unfair trade practice and harassment, mental torture and agony and financial loss and damages to the complainant,
3. To pay Rs.22,000/-, as litigation expenses.
4. Grant any other relief which this Hon’ble Commission may deem fit.

 

2.             Brief facts of the case are that in order to purchase Mattresses of the renowned company, complainant approached the OP No.1 and requested it to show him mattresses of good company. OP No.1 told the complainant that it is the authorized dealer of Kurl-on-Company and it is told to him that the Mattresses of Kurl-on-Company are of good quality having warranty of 7 years and in case any defect found in the mattresses, the same will be replaced without any hassle.  On the assurance of the OP No.1 complainant purchased two set of Kurl-on Mattresses Inspire,  of double bed for a total sum of Rs.49,000/-; (inclusive CGST and SGST @ 9% each) against two separate Invoices bearing No.6606 dated 15.09.2023 Kurl-on Mattresses Inspire (74.50X71.5X6) for Rs.24,500/-and No.6611 dated 20.09.2023 Kurlon Mattresses Inspire (75X70X7) for Rs.24,500/-. The complainant made the payment of the said Mattresses in cash against Bills. Complainant was using the said Mattresses very carefully but in the month of January, 2024, the said Mattresses started pressing from middle and became uneven. Accordingly, the complainant informed the OP No.1, upon which, initially, decline to accept the complaint of the complainant, on one pretext or the other but on repeated complaints and on personal visits, OP No.1 told him to file a complaint through e-mail. On 04.02.2024, the complainant complained through Mail @ Kurlon.co. having complaint No.33057807.  Complainant informed the OP No.1 that by using the defective mattresses, complainant and his family members suffered pain in their backbones.  Inspite of replacing the said defective Mattresses, the OPs in the last week of May, 2024, informed the complainant that they are unable to do anything in this regard.  Thereafter, complainant served a legal notice dated 13.06.2024, upon the OPs, but yields no result. Hence this complaint.
3.           Upon notice, none appeared on behalf of the OPs before this Commission, therefore, they were proceeded against ex-parte vide order dated 10.10.2024.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A alongwith documents as Annexure C-1 and C-10 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that the mattresses got defective during the warranty period, the OPs by neither replacing the said mattresses with the new one nor refunding the amount paid against the said mattresses, despite the fact that the complainant made number of requests in the matter, the OPs are deficient in providing service and adopted unfair trade practice.
7.           It is evident from the record that the complainant purchased the mattresses in question for a sum of Rs. 24,500/- each, as per the tax invoices dated 15.09.2023 and 20.09.2023 (Annexures C-1 and C-2). These mattresses were provided with a 7-year warranty, as outlined in Annexure C-9. However, according to the legal notice dated 13.06.2024 (Annexure C-3), the complainant raised a grievance, stating that the mattresses had developed a defect as the same started pressing down from the middle and became uneven and practically unusable and requested the OPs to either replace the defective mattresses with new one or refund the amount thereof. Despite this formal communication, there is no evidence on record to suggest that the OPs took any steps to address or resolve the grievance raised by the complainant. It is significant to mention here that, as stated above, notice of this complaint was sent to OPs seeking their version, yet, nobody appeared on their behalf, despite service,  as a result whereof, they were proceeded against ex parte vide order dated 10.10.2024. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted, and as such, we have no reason to disbelieve the contention of the complainant, which is duly supported by documentary evidence. Thus, we do not hesitate to conclude that failure of the OPs either to replace the defective mattresses or refund the purchase price have committed deficiency in service and caused a lot of mental agony and physical harassment to the complainant.
8.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:- 
   1. To either replace the aforesaid two set of defective mattresses with the new one of the same specifications or in the alternative to refund the amount of Rs.49,000/- paid by the complainant, through Invoice No.6606 dated 15.09.2023 and invoice No.6611 dated 20.09.2023, alongwith interest @6% p.a. from the respective dates of receipt of the amount, till its realization.   
   2. To pay Rs.5,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.3,000/-, as litigation expenses. 

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 13.12.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President