Chandigarh

DF-I

CC/628/2016

Anand Parkash - Complainant(s)

Versus

Kaff Appliances (India) Pvt. Ltd. - Opp.Party(s)

Karan Singla

28 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Consumer Complaint  No	:	CC/628/2016
Date  of  Institution	:	09/08/2016
Date   of   Decision	:	28/11/2016

 

 

 

 

 

Anand Parkash S/o Shri K.L. Aggarwal, R/o H.No.5744, MHC Manimajra, Chandigarh.

……… Complainant.

Versus

 

1.   Kaff Appliances (India) Pvt. Limited, through its Manager, Malibu Arcade, First Floor, Near Water Reservoir, Malibu Town, Sohna Road, Gurgaon-122101.

 

2.   Kitchen Maker, through its Manager, SCO 6, 1^st Floor, Sector 11, Panchula, Haryana.

 

……. Opposite Parties

 

BEFORE:   MRS.SURJEET KAUR             PRESIDING MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

For Complainant	:	Sh. Karan Singla, Advocate.
For Opposite Parties	:	Ex-parte.

 

PER SURJEET KAUR, PRESIDING MEMBER

 

          Put in brief, the facts of the case are that on 16.06.2016 the Complainant purchased a Kitchen Chimney from Opposite Party No.2 for a sum of Rs.15,000/- vide invoice Annexure C-1. However, instead of latest model, the Opposite Party No.2 delivered an old model which was shown to be imported in the month of June, 2013. When the Complainant approached the Opposite Party No.2, it flatly refused to replace the same with a newer model. The Complainant even wrote a number of e-mails to the Opposite Party No.1, to redress his grievance, but to no success. Hence, alleging the aforesaid act & conduct of the Opposite Parties as deficiency in service and unfair trade practice, the Complainant has filed the present Complaint.

 

2.      Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte.

 

3.      Complainant led evidence.

 

4.      We have heard the learned counsel for the Complainant and have also perused the record.   

 

5.      The case of the Complainant is that he was sold an old model of the Kitchen Chimney by the Opposite Party No.2, vide Bill/Cash Memo dated 16.06.2016 (Annexure C-1). The Complainant has alleged that the said Kitchen Chimney was actually imported in the year 2013, which was sold to him in the year 2016. The said fact is fortified from a perusal of Annexure C-2 which makes it amply clear that the date of import of the production in question was June 2013. Hence, it is legitimately proved that the Complainant was sold and delivered an older model of the Kitchen Chimney.

 

6.      In the present case, the averments of the complaint have gone unrebutted in the absence of the Opposite Parties who were duly served and preferred neither to appear in person, nor through their Counsel. It is established beyond all reasonable doubt that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. Furthermore, Opposite Parties even did not bother to redress the grievance of the Complainant, when approached by him by way of e-mails. Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against them.

 

7.      In the light of above observations, the present complaint succeeds against the Opposite Parties. The same is allowed qua them. We direct the Opposite Parties, jointly and severally, as under:- 

 

[a]  To refund Rs.15,000/- to the Complainant;

 

[b]  Pay Rs.7,000/- on account of deficiency in service and causing mental and physical harassment to the Complainant; 

 

[c] Pay Rs.5,000/- towards costs of litigation;

 

8.      This order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% p.a. on the amount mentioned in sub-paras [a] & [b] above from the date of institution of this complaint, till it is paid, besides complying with the directions as in sub-para [c] above.

 

9.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

28^th November,2016                                           

Sd/-

(SURJEET KAUR)

       PRESIDING MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)                                                                                                      MEMBER