DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.330 of 2016
Date of institution: 01.06.2016 Date of decision : 11.07.2017
Col. (Retd.) Jaswinder Singh resident of House No.829, Sector 79, Mohali, Punjab.
……..Complainant
Versus
Kasturi Mega Ventures Private Limited, Franchise of Shop CJ Network Private Limited (Formerly known as Star CJ Network Private Limited)
Village Taj Nagar, Tehsil Farrukh Nagar, PO Patli, District Gurgaon, Haryana.
Tehsil Pataudi, Gurgaon, Haryana.
………. Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member
Present: Shri S.K. Manchanda, counsel for the complainant.
OP ex-parte.
ORDER
By Mrs. Natasha Chopra, Member.
Complainant Col. (Retd.) Jaswinder Singh has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. On 29.01.2016 the complainant telephonically booked (i) Chefmaster 3 Pcs set Induction Cookware set and (ii) Prestige Induction Cooktop with the OP. The prices of the aforesaid items were Rs.570.07 and Rs.1259.67 respectively which is evident from retail invoice dated 30.01.2016. These items were delivered by the OP to the complainant on 03.02.2016 alongwith original retail invoice bill for an amount of Rs.2174/- which includes VAT @ 5.00% on item No.1 and 12.50% on item No.2 alongwith additional VAT/CST of Rs.9.30 thereby charging a total sale price of Rs.2025/-. Besides this, the OP also charged shipping fee of Rs.116.75, service tax @ 14% amounting to Rs.16.35, Swachh Bharat Cess @ 0.5% amounting to Rs.0.58, VAT/CST (Incl. additional VAT) on shipping amounting to Rs.15.32, thereby amounting to total shipping charges of Rs.149/-. After paying Rs.2174/- in cash the complainant received the aforesaid items and checked their workability after following the instructions given in the instruction manual provided with the products. Item No.2 turned out to be faulty as it did not heat up the induction plate even after connecting and using it in the manner provided for in the instruction manual. Item No.1 which was necessary accessory for item No.2, the same was rendered useless as item No.2 was found to be defective and did not work due to manufacturing fault. The complainant on the next day i.e. 04.02.2016 made a complaint at the helpline number of the OP and he was assured that the complaint regarding defect has been registered and a technical team shall respond back to the complainant within 24 hours either to repair or replace the items. The complainant did not receive any response from the OP even after two days. The complainant again approached the OP but the OP re-assured that the complaint is pending and sought some more time. Thereafter he made another call on 09.02.2016 on which executive of the OP misbehaved with the complainant and not provided any feedback. On 11.02.2016 also the OP did not respond. Hence this complaint for giving directions to the OP to refund the total amount of Rs.2174/- alongwith interest @ 12.5%; to pay him Rs.30,000/- as compensation for mental and physical harassment and deficiency in service and Rs.15,000/- as litigation expenses.
3. Notice sent to the OP received back from the postal authorities with report of ‘refusal’. Thus, as per provisions of Section 28 A (3) of Consumer Protection Act, the OP was proceeded against ex-parte vide order dated 22.09.2016.
4. In order to prove the case, the counsel for complainant tendered in evidence the affidavit of the complainant Ex. CW-1/1 and original bill Ex.C-1.
5. We have heard learned counsel for the complainant and gone through the contents of the file.
6. The complainant has placed on record the original bill of the disputed item. The complainant found both the items not upto the mark as item No.2 was not properly working and item No.1 was an accessory to it. So, both these items were rendered useless for him. The complainant stated in his complaint that he had made a telephonic complaint at the helpline number of the OP but the OP did not respond to his complaint and the executives of the OP misbehaved with the complainant also. The complainant has filed an affidavit in this regard also. Non redressal of the grievance of the complainant makes the OP deficient in service. This act of the OP has caused mental tension and harassment to the complainant. Opportunity was given to the OP to appear and contest in the Forum but he chose not to appear and contest which amounts to admission of the averments of the complainant and that the OP has nothing to say in this regard.
7. So as per the above discussion, we hold that the OP is deficient in service and the OP is directed to refund the amount of Rs.2,174/- (Rs. Two thousand one hundred seventy four only) with a lump sum compensation of Rs.5,000/- (Rs. Five thousand only) for harassment, mental agony and litigation costs. The complaint of the complainant stands allowed accordingly.
The OP is further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of aforesaid awarded amount shall carry interest at the rate of 9% per annum from the date of this order till realisation.
The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 11.07.2017
(A.P.S.Rajput) President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
