Punjab

Sangrur

CC/459/2022

Akhilesh Grover - Complainant(s)

Versus

Kapoor Mill Store - Opp.Party(s)

Sh. Rishav Sardana

22 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No.459

 Instituted on:   05.05.2022

                                                                         Decided on:     22.06.2023

 

 

Akhilesh Grover son of Sh. Jagat Narain Grover R/O H.No.279-B, Kishanpura Basti, Near Chintpurni Mandir, Outside Nabha Gate, Sangrur.

                                                          …. Complainant.     

                                                 Versus

Kapoor Mill Store, Electrical and Machinery Parts, Sheranwala Gate, Gaushala More, Patiala through its Proprietor/partner Vinod Kumar 147001 M 98886-41839.

             ….Opposite party

 

For the complainant  : Shri Rishab Sardana, Adv.              

For the OP                : Exparte.

 

Quorum                                          

Jot Naranjan Singh Gill, President

Sarita Garg, Member

                       Kanwaljeet Singh, Member

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT.

1.             Complainant has filed this complaint alleging inter-alia that complainant alongwith his brother Shri Marish Grover visited the shop of the OP and purchased one heater on 17.1.2022 and paid an amount of Rs.250/- to the OP through Paytm/online platform vide UPI ID BHAATPE 9041440097@icici vide reference number 201723223054 dated 17.1.2022. It is further averred that the heater in question was having a warranty of six months.  Further case of the complainant is that in the night of 17.1.2022 the complainant plugged the same and surprised to see that after a period of 15 minutes the wire of the heater sparked and when he checked the complainant found that the wire of the heater was burning and the room filled with the smoke. As such the complainant on 18.1.2022 approached the OP but the shop was closed and as such the complainant sent a whatsapp message to the OP regarding defect in the heater.  Further the complainant and his brother approached the OP on 22.1.2022 and requested for replacement of the heater in question, but he refused to do so.  As such, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to replace the defective heater with a new one or to refund its price and further to pay Rs.50,000/- as compensation on account of mental agony, harassment and Rs.11,000/- as litigation expenses. 

2.             After filing of this complaint, notice of the same was issued to the OP but the OP did not appear despite service, as such OP was proceeded against exparte on 17.6.2022. Though the OP sent the reply by post and objection was taken that this Commission has no jurisdiction to hear and decide the present complaint and further  stated that the heater was prohibited in the medical college. On merits, the sale of the heater has been admitted but any guarantee/warranty of the same has been denied as no invoice was ever issued to the complainant. Lastly prayed for dismissal of the complaint.

3.             During this process, complainant tendered his sworn affidavit reiterating all the averments of the complaint as Ex.C-1, copy of the screen short showing payment of Rs.250/-, Ex.C-3 copy of whatsapp message sent to the OP, Ex.C-4 affidavit of Shri Marish Grover, Ex.C-5 expert report of Baljinder Singh and Ex.C-6 affidavit of expert and closed evidence. On the other hand, no evidence has been produced by the OP as it chose to remain exparte.

4.             We have heard the contentions put forth by the learned counsel for the complainant and have gone through the documents produced on the file.

5.             At the very outset, it is significant to note that the averments of the complaint stands duly substantiated through sworn affidavit of the complainant, Ex.C-1 wherein the same were reiterated as to how the complainant purchased one electric heater by paying  a sum of Rs.250/- having 2000 watt and the wire of the heater burnt and the heater stopped working as the wire installed therewith was of very inferior quality, as such the complainant approached the OP and requested for its replacement, but nothing was done on behalf of the OP. To support this contention, the complainant has produced on record Ex.C-5 expert report of Shri Baljinder Singh, which is also supported by his sworn affidavit Ex.C-6. Record shows that whole of the evidence is unrebutted and the OP has produced nothing on record which also shows that the OP did not have anything to say in its defence. This oral as well as documentary evidence inspires confidence as the same has also remained unrebutted as the OP chose to remain exparte. We don’t see any reason why this unrebutted evidence should not be believed.

6.             Accordingly, this complaint stands allowed and the OP is directed to refund the price of heater i.e. Rs.250/- forthwith along with Rs.1000/- as compensation for mental tension, agony and an amount of Rs.1000/- as litigation expenses. The complainant is also directed to return the defective heater to the OP under proper receipt.     This order be complied with by the opposite party within a period of 60 days from the date of receipt of certified copy of this order.

7.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

8.             A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

                                Pronounced.

 

                                June 22, 2023.