Complaint No.44 of 2023.
Date of Institution:20.02.2023.
Date of order:24.01.2024.
Harmandeep Singh, 11 Maan Nagar Dera Baba Nanak Road Batala Punjab 143505, 7743002266.
.....Complainant.
VERSUS
Luranse Electronics Pvt. Ltd. 1203 A Hemkunth Chamber 89 Nehru Place, New Delhi - 110019 India.
….Opposite party.
Present: Complainant: In person.
Opposite Party: Exparte.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Harmandeep Singh, complainant (here-in-after referred to as complainant) has filed this complaint against Luranse Electronics Pvt. Ltd (here-in-after referred to as 'opposite party).
2. Brief facts as narrated in the complaint are that complainant is resident of Batala in District Gurdaspur and complainant had placed order of 50 rolls of D Linke wire which were delivered to the complainant through opposite party via invoice number 277 dated 21.01.2023 and complainant had paid price of the same i.e. Rs.32,509/-to the opposite party. It is further pleaded that on receiving the product complainant found that product was faulty and duplicate and on request for replacement the opposite party failed to pay any heed and accordingly complainant has made prayer for refund of the amount.
On this backdrop of facts, the complainant has alleged deficiency on the part of the opposite parties and prayed that the opposite party be directed to immediately refund the amount with costs.
3. Upon notice, the opposite party did not appear and was proceeded against exparte vide order dated 07.11.2023.
4. Complainant has placed on file his affidavit Ex.CW-1/A, copy of tax invoice Ex.C1, copy of paytm Ex.C2 including copy of one more document Ex.C3.
5. Written arguments not filed by the complainant.
6. Complainant in person has argued that the D Link wire supplied by the opposite party was not as per specifications ordered by the complainant rather the product was faulty and duplicate and complainant had made request for change of the product but opposite party refused to change the product and failure to refund the amounts to deficieney in service.
7. Opposite party remained exparte.
8. We have heard the complainant in person and gone through the record.
9. Perusal of file shows that tax invoice No.277 of 21.01.2023 has be issued by the opposite party by which opposite party had charged amount of Rs.32,509/- from the complainant for 50 rolls of 3+1 cable and even in the bill the specification of the product has not been mentioned. Although, complainant has not place on record any document to prove that request for replacement was made but the evidences produced by the complainant has remained unrebutted on record and we are of the view that complainant is definitely entitled to receive D Link wire as per specifications as per order and failure on the part of the opposite party to replace the same amounts to deficiency in service.
10. Accordingly, present complaint is partly allowed with the following directions:-
i) Opposite party is directed to refund the amount of Rs.32,509/- to the complainant with in one month of the receipt of the copy of this order and if the payment is not refunded with 30 days mentioned above in that case the amount shall carry interest @ 9% P.A. from the date of filing of the present complaint till realization.
ii) Complainant is directed to return the 50 rolls of the 3+1 cable received by him in packed condition to the opposite party after receiving the amount. Entire exercise shall be completed within 30 days from the date of receipt of copy of this order.
11. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
Jan. 24, 2024 Member.
*YP*
