DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH [Complaint Case No:299 of 2011] Date of Institution : 12.07.2011 Date of Decision : 26.09.2011 ------------------------------------------- Sh. K. C. Kapur resident of House No.28, Sector 16-A, Chandigarh. ---Complainant. V E R S U S Sh. Lovekesh Mehta, Ashish Electricals, Booth No.91, Sector 41-D, Badheri, Chandigarh. ---Opposite Party. BEFORE: SHRI LAKSHMAN SHARMA PRESIDENT SMT. MADHU MUTNEJA MEMBER SH. JASWINDER SINGH SIDHU MEMBER Argued By: Sh. K. C. Kapur, complainant in person. OP already exparte. PER LAKSHMAN SHARMA, PRESIDENT Sh. K. C. Kapur has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed:- i) To refund Rs.250/- as repair charges of Tulu pump; ii) To pay Rs.190/- as repair charges paid to M/s Durga Bhai & Co. for getting the Tulu pump repaired. iii) To pay Rs.10,000/- as compensation for mental agony and financial loss. iv) To pay Rs.5,000/- as costs of litigation. 2. In brief, the case of the complainant is that on 09.05.2010, he handed over one small water pump (Tulu Pump) to OP for repair. OP told him to collect the same on 10.05.2011. On 10.5.2011, the complainant was told that due to non supply of electricity, the said Pump could not be repaired. He was asked to collect the pump on 11.05.2011. According to the complainant, on 10.5.2011, he also handed over one Blender-Braun to the OP for oiling and service. On 11.05.2011, in the presence of the complainant, OP opened the said pump and found that the impeller was broken. Thereafter, the OP tried to open the blender forcefully. In the process, the body of the blender was broken. However, the complainant was asked to come on the next day i.e. 12.05.2011 to collect the Pump and the Blender. OP charged a sum of Rs.250/- as labour charges for opening the Pump as well as the Blender. On 13.05.2011, when the complainant visited the shop of OP, the Pump was returned to him unattended and he was told by the OP to get the same repaired from some other repairer as the impeller was not available in the market. OP also insisted for the purchase of new Pump from his shop. According to the complainant, the blender has not been delivered back to him by the OP till date. The complainant also wrote letters dated 14.05.2011, 18.05.2011, 30.05.2011, 15.06.2011 to OP to return the blender and settle the matter but to no avail. Hence, the present complaint has been filed seeking the reliefs mentioned above. 3. OP was duly served as per the report of the Process Server but it refused to accept the summons. Since, refusal was a good service, therefore, OP was ordered to be proceeded against vide order dated 15.09.2011. 4. We have heard the complainant in person and perused the record very carefully. 5. From the averments made in the complaint as reproduced above, which stands corroborated from the affidavit of the complainant as well as from documents i.e. copies of letters/notices dated 18.05.2011, 30.05.2011, 14.06.2011 and 15.06.2011, it is apparent that OP did not repair the small water pump and the blender given to it for repairs and charged a sum of Rs.250/- for opening the said appliances. As the OP failed to repair these two appliances, charging of Rs.250/- for just opening the appliances amounts to unfair trade practice on the part of OP. So, the complainant is entitled for the refund of the said amount. It is also proved on record that the OP has also failed to return the said blender back to complainant till date. 6. However, as the small water pump was repaired by M/s Durga Bhai & Co., the complainant is not entitled for Rs.190/- as claimed by him. 7. In view of the above findings, this complaint is allowed with following directions to OP to:- i) Refund an amount of Rs.250/- to the complainant charged as repair charges of small water pump in question. ii) Return the blender in question to the complainant in same condition in which it was given to OP for repairs, failing which, OP is directed to pay a sum of Rs.500/- to the complainant. iii) Pay an amount of Rs.2,000/- to the complainant as costs of litigation. 8. This order be complied with by OP within 30 days from the date of receipt of its certified copy, failing which OP shall be liable to pay Rs.500/- to the complainant as directed in Para 6(ii) above and the amount of Rs.250/- shall also carry interest @18% per annum from the date of this order till actual payment besides payment of Rs.2,000/- as costs of litigation. 9. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 26th September 2011. Sd/- (LAKSHMAN SHARMA) PRESIDENT Sd/- (MADHU MUTNEJA) MEMBER Sd/- (JASWINDER SINGH SIDHU) MEMBER Ad/-
C.C.No.299 of 2011 PRESENT: None. --- Arguments heard on 22.09.2011. The case was reserved for orders. As per separate detailed order of even date, this complaint has been allowed. After compliance file be consigned. Announced. 26.09.2011 Member President Member
| | MRS. MADHU MUTNEJA, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MR. JASWINDER SINGH SIDHU, MEMBER | | 
