Delhi

East Delhi

CC/125/2015

ROHIT - Complainant(s)

Versus

KRISHNA HAND LOOM - Opp.Party(s)

03 Feb 2017

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         125 / 2015

                                                                                                  Date of Institution                  18/03/2015

                                                                                                  Order Reserved on                 25/11/2016

                                                                                                  Date of Order                           09/12/2016   

                                                                                                        

In matter of

Mr. Rohit Sharma, adult 

HN 143 C, Pocket 1,

Mayur Vihar Phase 1

Delhi 110091……….………………………………..……………….……..…………….Complainant

                                                                  

                                                                     Vs

M/s Krishana Handloom Emporium

C 16, Acharya Niketan

Mayur Vihar Phase 1, Delhi 110091……………………….………………………Opponent

 

Complainant’s Advocate ……………………………………Santosh Gupta

Opponent ……....…………………………………………………Ex Parte

 

Quorum                                                                          Sh Sukhdev Singh      President

                                                                                         Dr P N Tiwari               Member                                                                                                   

                                                                                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case                    

Complainant purchased two Libra Ortho Plus mattresses for a sum of Rs 13790/ vide bill no WB 320 on dated 11/02/2012, annexed here as Ex. CW1/1 and mattresses serial code no 3503 and 3504 marked as Ex. CW1/1 a & b.  Mattresses had guarantee against any manufactured defect.  

 

Complainant noticed some problem in mattresses after 5-6 months of purchase as he was not feeling comfortable while sleeping, so contacted OP1 and OP2 and also made complaint to customer care no. , but did not get reply, Thereafter, complainant sent a letter of his own for replacement of mattresses, marked here as CW1/3 and legal notice to OPs for replacing the mattresses here annexed as Ex CW1/3a.    

 

 

Not getting reply from OPs, this complaint was filed for replacement of two mattresses or refund of amount paid sum of Rs 13,790/- with compensation of Rs one lacs and litigation cost Rs one lacs.

Notices were served. OP did not put their appearance nor submitted written statement. After postal department tracking report that items were delivered, so case proceeded Ex Parte. Complainant filed his Ex Parte Evidence. Arguments were heard and order was reserved.

 

We have perused all the facts and evidences filed by complainant. It was evident that the said two mattresses were purchased from ‘OP’ shop, but cash bill does not have seller’s name and stamp. Though complainant has put OP name, but at no place, OP name or stamp was seen.  Mattresses were manufactured by Libra mattresses and no where written having replacement guarantee. Guarantee card does not have seller’s name or stamp.  

As stated in his complaint that middle portion of mattresses were giving trouble as he had some orthopedic problem. No such evidence was submitted on record to sustain his allegations. OP/manufacturer was not made necessary party to allege manufacturer defect.      

 

We have opined that complainant had failed in proving deficiency in services of OP. So, this complaint is dismissed without cost to order.  

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs Harpreet Kaur  Member                                                               (Dr) P N Tiwari  Member

                                                                 

                                                     Shri Sukhdev Singh  President