Punjab

Rupnagar

CC/16/27

Surjit Kumar - Complainant(s)

Versus

Jaswinder Singh - Opp.Party(s)

In Person

27 Feb 2017

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                            

                                                Consumer Complaint No. 27 of 03.06.2016

                                                Date of decision               : 27.02.2017

 

 

 

 Bonafide Training & Placement Pvt. Ltd, Bela Road, Ropar-140001    (through its Admin. Surjit Kumar.

 

                                                                                         …..Complainant

 

                                                          Versus

Velocity Communication, # 143, Betrela, Sector 41, Chandigarh (through its Prop. Jaswinder Singh)

                                                                                       …..Opposite Party

 

         

                                      Complaint under Section 12 of the Consumer

                                      Protection Act, 1986

 

          QUORUM

                                       MRS. NEENA SANDHU, PRESIDENT

                                        SMT. SHAVINDER KAUR, MEMBER

 

          ARGUED BY

 

                                Sh. Surjit Kumar, Authorized representative of complainant

   None for O.P.  

 

ORDER

          MRS. NEENA SANDHU, PRESIDENT

 

          The Bonafide Training & Placement Pvt. Ltd, through its admin. Surjit Kumar has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’ only) against the Opposite Parties (hereinafter referred to as O.Ps.).

 

 

2.                In brief the case of the complainant is that on 5.7.2015, he got installed CCTV cameras at his training centre namely Bonafide Training and placement Pvt. Ltd from Sh. Jaswinder Singh, the proprietor of Velocity Communication. The said Cameras got defective after about two months of their purchase. He informed the O.P. through emails about non working of the said cameras. In response to his email dated 9.12.2015, the proprietor of the O.P. vide email dated 10.12.2015, informed him that he had gone to delhi and will be back after 15 days. But when he did not turn up. Then on 28.12.2015, he again emailed him, but he neither reply to the said email nor came to repair the cameras. It is, prayed that the O.P. be directed to pay him compensation to the tune of Rs.80,000/-. 

3.              On being put to the notice, Sh. Jaswinder Singh, Proprietor of the Velocity Communication has filed written version stating therein that the complainant has suppressed the material facts from this Hon’ble Forum and the complaint is not maintainable before this Forum. It is stated that he had installed the CCTV cameras at the training centre of the complainant. On receipt of complaint from the complainant, he immediately set the cameras right upto the satisfaction of the complainant. Thereafter, on receipt of complaint from the complainant, he again set the said cameras right and also told him that the non working of the cameras is due to fluctuation of electricity and low voltage the cameras installed in his premises are not working properly. He should complain about the same to the Electricity Department and request it to supply electricity in a proper manner but the complainant instead of making any efforts to avoid the fluctuation of electricity had filed this complaint, just to harass and humiliate him. He also threatened him that he will lodge a false case against him and he will not let him to do his business. Rest of the allegations made in the complaint have been denied and prayer has been made for dismissed of the complaint. 

 

         4.                 On being called upon to do so, the complainant tendered his affidavit Ex. C1, along with documents Ex.C2 to Ex.C8 and closed the evidence. Inspite of taking many opportunities, evidence has not been led by the O.P. and its evidence was closed by order vide order dated 13.01.2017.  

 

          5.                          We have heard the complainant and gone through the                                     record of the file, carefully.  

 

6.                         From the email dated 20.10.2015 ExC3, dated 09.12.2015, Ex.C5 and dated 28.12.2015 Ex.C6, it is evident that complainant, complain the O.P. regarding defects in the cameras in question and asked the O.P. to set the same right. The complainant has contended that O.P. never came to rectify the defects of the CCTV cameras and he was forced to get his CCTV cameras repaired from impact system for which he had paid Rs.8800/- to it as is evident from invoice dated 16.5.2016, Ex.C7. No doubt in the written version the proprietor of the O.P. has stated that on receipt of the complaint from the complainant, he duly rectify the defects of the cameras in question, to the satisfaction of the complainant. However, to corroborate this fact, no document has been placed on record by him. Thus, in the absence of any documentary evidence, the contention of the O.P. cannot be considered and we have no reason to disbelieve the above mentioned contention of the complainant. Accordingly, we allow the complaint and direct the O.P. in the following manner:-

                   1.       To pay Rs.8800/- to the complainant i.e. cost of the repair of the                   CCTV cameras in question.

                   2.      To pay Rs.3000/- as compensation on account of mental agony and physical harassment suffered by him.  

                   3.       To pay Rs.3000/- as cost of litigation.

                             The O.P. is further directed to comply with the order within the                               period of from the date of receipt of certified copy of this order.

           7.      The certified copies of this order be supplied to the parties forthwith,                      free of costs, as permissible under the rules and the file be indexed                       and consigned to Record Room.

 

                    ANNOUNCED                                                                         (NEENA SANDHU)

                    Dated .27.02.2017                                        PRESIDENT

 

 

                                                                     (SHAVINDER KAUR)

                                                                                        MEMBER