BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.32 of 2019
Date of Institution: 22.01.2019
Date of Decision: 11.03.2019.
Satpal Singh aged 40 years son of Shri Het Ram resident of village Umedpura Tehsil Elnabad District Sirsa.
………Complainant.
Versus
Kirti Radios, near Ch.Devi Lal Chowk, Main Bazar, Elnabad Tehsil Elnabad District Sirsa Mobile No.97292-38877.
……… Opposite party.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH.R.L.AHUJA ………………. PRESIDENT
SH.ISSAM SINGH SAGWAL ……MEMBER
MRS.SUKHDEEP KAUR……………MEMBER
Present: Sh.Amar Singh, authorized representative on behalf of the complainant
Opposite party exparte.
ORDER
In brief, case of complainant is that on 04.12.2018 he had purchased one Electric Chula from OP for a sum of Rs.1550/-. The Chula in question was having guarantee of one year. Unfortunately, due to some defect, said Chula stopped working after 3 days of its purchase and its glass was also broken. The complainant visited OP for getting the same repaired but he refused to do so, therefore, he left the shop after leaving the Chula with OP. The product in question went out of order during one year guarantee period but the OP has failed to redress his grievance, therefore, the act and conduct of OP clearly amounts to deficiency in service on its part. Hence, this compliant.
2. On notice, opposite party did not appear before this Forum despite sending the summons through registered post, therefore, it was proceeded against exparte on 28.02.2019.
3. The complainant produced his affidavit Ex.CW1A besides documents such as of bill Ex.C1, copy of aadhar card Ex.C2, copy of authority letter Ex.C3 and copy of aadhar card of Amar Singh Ex.C4.
4. We have heard father-in-law of the complainant and have perused the case file carefully.
5. The complainant in order to prove his case has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments made in the complaint. He has specifically deposed that on 04.12.2018 he had purchased one Electric Chula from OP for a sum of Rs.1550/-. The Chula in question was having guarantee of one year. Unfortunately, due to some defect, said Chula stopped working after 3 days of its purchase and its glass also got broken. The complainant visited OP for getting the same repaired but he refused to do so, therefore, he left the shop after leaving the Chula with OP. The product in question went out of order during one year guarantee period but the OP has failed to redress his grievance. Since opposite party did not appear to rebut the plea and evidence of complainant as such evidence led by complainant goes as unchallenged and unrebutted.
6. In view of above, we allow this complaint and direct the opposite party to carry out the necessary repairs and to make the Chula defect free without any costs and if the same is not repairable, in that case, to give replacement with new Chula of the same make and model to the complainant or in the alternate to make a refund of Rs.1550/, cost of Chula, within 15 days of the receipt of this order. We further direct the OP to pay a sum of Rs.500/- as composite compensation and litigation expenses to the complainant. In case the orders are not complied with within stipulated period, the OP shall pay interest @ 7 % per annum on the amount of refund. Copy be supplied to the parties free of costs. File be consigned to the record room.
Pronounced in open Forum. President,
Dated:11.03.2019. District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
DCDRF, Sirsa DCDRF, Sirsa
