Chandigarh

DF-I

CC/675/2017

Paramjit Singh - Complainant(s)

Versus

Jindal Sanitary & Hardware Store - Opp.Party(s)

In Person

02 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/675/2017
Date of Institution	:	25/09/2017
Date of Decision	:	02/01/2018

 

Paramjit Singh son of Sh. Jagdish Singh, resident of House No.3538, Sector 37-D, Chandigarh

…..Complainant

V E R S U S

Jindal Sanitary & Hardware Store, SCF 10, Phase-XI, SAS Nagar, Mohali (Pb.) through its Proprietor.

……Opposite Party

 

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SHRI RAVINDER SINGH	MEMBER

 

                                                                       

ARGUED BY	:	Complainant in person
	:	OP ex-parte

 

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that the complainant visited the shop of the OP and ordered to supply tiles of Ivory mate non-slippery 2’x2’, cost of which was stated to be Rs.30/- per sq. yard. The OP supplied the same through bill dated 3.6.2017 for Rs.4,690/-.  When the said tiles were laid by the mason, it was noticed that the same were slippery and having two shades. The complainant approached the OP and apprised it about the inferior quality and two shades.  However, the OP failed to give any positive response despite service of legal notice dated 21.7.2017. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OP, the complainant has filed the instant complaint.
2.         OP did not appear despite due service, therefore, it was proceeded ex-parte vide order dated 16.11.2017.
3.         The complainant led evidence in support of his contentions. 
4.         We have gone through the record and heard the arguments addressed by the complainant in person.
5.         The sole grouse of the complainant in the present case is that the delivery of the tiles in question was not as per the order given to the OP.  As per the case of the complainant, he ordered ivory mate non-slippery 2’x2’ tiles, but, the OP delivered different ones. Only after laying down the tiles, it was noticed by the complainant that the same were slippery and had two shades.  The OP never replied to the legal notice Annexure C-2 and C-3 sent by the complainant for the redressal of his grievance and finally he was forced to file the present complaint. 
6.         OP did not appear to contest the claim of the complainant and preferred to proceed against ex-parte.  This act of the OP draws an adverse inference against it.  The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant.  Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.         We are of the opinion that the act of the OP in supplying different goods/tiles from the ordered ones and later on non-responding to the complainant despite service of legal notice and most importantly non-appearing during the proceedings of the present case proves deficiency in service and unfair trade practice on its part which certainly has caused mental and physical harassment to the complainant
8.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. The OP is directed as under:-

1. To immediately refund the invoice value of the goods i.e. Rs.4,690/- to the complainant alongwith interest @ 9% per annum from the date of filing of the present complaint till realisation.
2. To pay Rs.7,000/- to the complainant as compensation for mental agony and harassment caused to him;
3. To pay to the complainant Rs.5,000/- as costs of litigation.

9.         This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
02/01/2018	[Ravinder Singh]	[Surjeet Kaur]
hg	Member	Presiding Member