Haryana

Ambala

CC/320/2019

Parminder Singh - Complainant(s)

Versus

Leintz Pneumatics - Opp.Party(s)

Virender Singh

14 Jan 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint Case No.:  320 of 2019.

                                                          Date of Institution           :   03.10.2019.

                                                          Date of decision    :   14.01.2020.

 

M/s Autocraft Behind Ajit Petrol Pump, Baldev Nagar, Ambala City (Haryana) through its proprietor Parminder Singh.

 

                                                                              …. Complainant.                                                              Versus

1. Leintz Pneumatics Pvt. Ltd. No.6, 2^nd Floor, Gandhi Bazar, Basavangudi, Bengaluru-560004.  
2. Guru Nanak Diesel Engg. Company, 13-14 Multani Complex, Haryana Motor Market, Ambala City.

                                                                        ….Opposite Parties.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Pardeep Sharma, Advocate, counsel for the                                 complainant.

OPs already ex parte vide order dated 18.11.2019.

         

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’), praying for issuance of following direction to them:

i)       To pay Rs.1,76,823/- cost of the compressor alongwith interest.

ii)      To pay Rs.50,000/- as compensation for the mental agony and          physical harassment suffered by him.

iii)     To pay Rs.50,000/- as litigation costs.

Brief facts of the case are that Mr. Parminder Singh is the proprietor of M/s Autocraft and is running business of spare parts for earning his livelihood. He had purchased a LAC-15500 Leintz Air Compressor from the OP No.2, authorized dealer of OP No.1, in the name of his firm for an amount of Rs.1,76,823/- vide invoice No.80 dated 28.11.2018. At the time of purchase, the OP No.2 gave assurances regarding quality of product and promised to replace the same in case of any defect. After receiving the air compressor, it was found defective. He informed about the same to the OPs and requested to depute a service engineer for removal of the defects. Inspite of several requests the OPs failed to redress the grievance of the complainant. On 09.09.2019, complainant sent a legal notice to the OPs, but they did not bother to reply the same. Due to requirement of his business, complainant purchased a new compressor from another company for Rs.4,72,000/- vide bill No.CHD00240/19-20 dated 27.09.2019. The OPs by not rectifying the defect of the air compressor, have committed deficiency in service. Hence, the present complaint.

2.                Upon notice, OPs failed to appear and accordingly they were proceeded against ex-parte vide order dated 18.11.2019, by this Forum.

3.                The learned counsel for the complainant tendered affidavit of complainant as Annexure CA alongwith documents as Annexure C-1 to C-9 and closed the evidence on behalf of complainant.

4.                We have heard the learned counsel for the complainant and carefully gone through the case file.

5.                The learned counsel for the complainant has argued that Mr. Parminder Singh is running his business of spare parts for earning his livelihood in the name and style of M/s Autocraft. He in the name of his firm had purchased the compressor in question, from the OP No.2, manufactured by OP No.1 for Rs.1,76,823/- vide invoice No.80 dated 28.11.2018, Annexure C-3. However, the said compressor was not functioning properly since the day of its purchase. He visited the OPs several times and also sent E-mails Annexure C-4 to C-7, to depute a Service Engineer to rectify its defects. But when nothing was done by the OPs, then the complainant served a legal notice dated 09.09.2019, Annexure C-1 upon the OPs, requesting therein that either to replace the defective air compressor or to refund the cost thereof, but of no avail. Since, his business was suffering, therefore he left with no was left with no other alternative, but to purchase a new air compressor, which he purchased vide invoice dated 27.09.2019, Annexure C-9. The defective compressor sold by the OPs is lying with it and same is not of any use, therefore OPs may be directed to take back the same and refund the cost thereof. They may also be directed to compensate the complainant for the mental agony and physical harassment suffered by it alongwith litigation expenses. The contention of the ld. counsel for the complainant has gone unrebutted as the OPs preferred not to appear before this Forum as such adverse inference can be drawn that the OPs have nothing to say in their defence. As such we have no reason to disbelieve the averments of the Ld. Counsel for the complainant. From the record it is borne out that the proprietor of the complainant firm requested the OPs several times to redress his grievance, but when nothing was done by the OPs then ultimately he purchased a new air compressor on 27.09.2019. Under these circumstances, we hold that the OPs are liable to refund the total sale value of the air compressor i.e. Rs.1,49,850/- as mentioned in the Invoice dated 28.11.2018, Annexure C-3 to the complainant. Since, invoice dated 28.11.2018, was raised in the name of firm i.e. M/s Autocraft, therefore the complainant is not entitled to get any compensation on account of mental agony and physical harassment. However, it is entitled to get litigation costs. 

6.                In view of the aforesaid discussion, we hereby partly allow the present complaint and direct the OPs in the following manner:-

1. To pay Rs.1,49,850/- i.e. total sale value of the air compressor in question, to the complainant.
2. To pay Rs.3,000/- as litigation expenses.

 

                   The OPs are further directed to comply with the aforesaid directions jointly and severally within the period of 30 days from the date of receipt of the certified copy of this order, failing which the awarded amount shall interest @ 9% per annum from the date of filing of filing of the present complaint i.e. 03.10.2019 till its realization. It is made clear that the complainant shall return the air compressor in question to the OPs on receipt of the awarded amount. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 14.01.2020.

 

 

 

                    (Vinod Kumar Sharma)  (Ruby Sharma)     (Neena Sandhu)

                     Member                            Member                       President