Chandigarh

DF-I

CC/405/2020

S. Gurcharan Singh Massaon - Complainant(s)

Versus

Kurlon Enterprises Ltd. - Opp.Party(s)

Gurmukh Singh

18 Nov 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/405/2020
Date of Institution	:	23/09/2020
Date of Decision	:	18/11/2021

 

S.Gurcharan Singh Massaon S/o S.Mangal Singh R/o # 3216, Sector 35-C, Chandigarh.

… Complainant

V E R S U S

1. Kurlon Enterprises Ltd, 3^rd Floor, North Block, Manipal Centre, 47, Dickenson Road, Bangalore.
2. Kurlon Enterprises Ltd; SCO 1002-1006. The Avenue International Airport Road, Andheri, East Mumbai-40059.
3. Kurlon Enterprises Ltd; Zirakpur (ASO) Godown No.56-58, Gurdev Nagar, Pabhat Road, Zirakpur-140603.

… Opposite Parties

CORAM :	RAJAN DEWAN	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Gurmukh Singh, Counsel for complainant.
	:	OPs ex-parte.

 

Per Suresh Kumar Sardana, Member

1.      The long and short of the allegations are that the complainant had purchased the pair of mattresses brand (APSRA) on 27.04.2018 paying Rs.8128.32/- against MRP Rs.16924/- as purchased from HQ, western command CSD canteen, Chandigarh and the Opposite Party No.1 assured guarantee for one year. Guarantee card is annexed as Exhibit C-1. The mattresses supplied on 27.04.2018 were depressed within 3 months and the complainant filed a complaint to Opposite Party No.1 at their toll free number. The Opposite Party No.1 replaced the mattresses on 11.07.2018 as per details given in Exhibit C-2. The mattresses supplied on 11.07.2018 again got depress within two months. The Opposite Party No.1 replaced the mattresses on 24.09.2018 as per Exhibit C-3. On the suggestion of Opposite Party No.3, the complainant purchased the new different brand mattresses (ORTHO) after paying the difference of an amount of Rs.9052/- on 17.01.2019. The warranty of this product is for five years against defect and guarantee for one year. Copy of tax invoice & guarantee/warranty card is annexed as Exhibit C-4 & C-5. The ORTHO brand was also found to be inferior and the complainant approached to Opposite Party No.1 several times over telephone as well as by way of emails for replacement of the defective mattresses, but no effect. Copies of emails are annexed as Exhibit C-7, C-8, C-9 & C-10. Alleging it to be a clear unfair trade practice and deficiency in service the complainant filed this present complaint.
2.     Notice of the complaint was sent to OPs seeking their version of the case. However, nobody appeared on behalf of OPs despite service, therefore, they were proceeded ex-parte on 05.01.2021.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:- 
5.     Significantly, Opposite Parties did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OPs draws an adverse inference against them. The non-appearance of the Opposite Parties shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted. On perusal of Annexure C-1 to C-6, it is observed that the complainant has paid the said amounts to the Opposite Parties as mentioned in his complaint. The complainant has purchased these mattresses for his comfort. However, these mattresses have not served any purpose of the complainant. It is also observed that the product was first purchased in April, 2018 and as per product warranty, it is covered for five years of warranty and the depreciation amounts to 50 per cent during the period of use of product during warranty policy. Hence we cannot order for the refund of money more than 50 per cent of the product cost/amount paid by the complainant to the Opposite Parties.
6.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. Opposite Parties  are directed as under :-

1. to pay the complainant an amount of  50% of the full cost of product which has already been paid by the complainant to the Opposite Parties.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹7,000/- to the complainant as costs of litigation.

         The complainant shall return the mattresses after receipt of the amounts as mentioned above.

7.     This order be complied with by the Opposite Parties within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
8.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
18/11/2021	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rajan Dewan]
Ls	Member	Member	President