Chandigarh

DF-II

CC/517/2023

LALIT KUMAR AGGARWAL - Complainant(s)

Versus

LUXMI STEEL UDYOG - Opp.Party(s)

22 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	CC/517/2023
Date of Institution	:	16/10/2023
Date of Decision	:	22/11/2024

 

Lalit Kumar Aggarwal s/o Sh. Ashok Kumar Aggarwal, aged 38 years, r/o House No.3559, First Floor, Sector 38D, Chandigarh.

                                ...  Complainant

V E R S U S

Ankit (owner), Luxmi Steel Udyog, Plot No.419, Industrial Area, Phase 2, Chandigarh.

…. Opposite Party

BEFORE:
	SHRI AMRINDER SINGH SIDHU	PRESIDENT
	SHRI BRIJ MOHAN SHARMA	MEMBER

 

ARGUED BY:
	Ms. Anjali Mittal, Representative of complainant
	Sh. Gourav Goel, Counsel for OP

       

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.        The complainant has filed the present consumer complaint alleging that on 18.7.2023 he purchased a Modular almirah (wall fitted) size 10’ x 8’ for ₹1,15,000/- with one year warranty from the OP and the entire payment was taken in advance.  The complainant provided the design for the almirah but the same was altered a number of times without intimation. The complainant was promised by the OP that the entire work of the almirah till finalization would be done at its workshop and only assembling would be done at his place.  However, despite that all the cutting and other jobs were performed at complainant’s premises which caused dust and resulted in breathing difficulties and also caused a lot of mental agony to the complainant and his family.  The complainant also noticed various discrepancies in the work viz.  instead of Action Tessa HDHMR board OP used some other brand, araldite marks on the mica and doors, operation of channel in one box was not proper, both the slider doors were bend.  However, instead of removing the deficiencies, the OP gave one excuse or the other.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OP, complainant has filed the instant consumer complaint.
2.        In its written version did not dispute that it had supplied the product in question i.e. the almirah.  However, it is averred that the same was designed according to the desire, requirement and satisfaction of the complainant.  It is averred that in modular type of furniture all cutting and tapping jobs can be done in industry because of heavy machinery but all fitting job can only be done at site.  It is maintained that the almirah was manufactured with Action Tesa HDHMR Board only.   It is stated that the technician had already visited thrice for minor complaints. It is maintained that there is no fault on the part of the OP and it is still ready to send its technician to solve any problem. Pleading that there is no deficiency in service or unfair trade practice on its part, OP prayed for dismissal of the consumer complaint.
3.        In replication, complainant controverted the stand of the OP and reiterated his own.
4.        The parties filed their respective affidavits and documents in support of their case.
5.        We have heard the representative of complainant, learned Counsel for OP and have gone through the documents on record, including written arguments.
6.        It is observed from the record that the complainant had purchased a modular almirah (wall fitted) from the OP on payment of consideration of ₹1,15,000/-.  The case of the complainant is that he noticed various defects/shortcomings in the product/services of the OP viz. the design was altered without intimation; instead of assembling the product at  the premises of the complainant as promised, all the cutting and other jobs related to manufacturing were performed there resulting in lot of dust and breathing difficulties; instead of Action Tessa HDHMR board for modular almirahs lots of pieces of other brand were sent; araldite marks around every handle; improper operation of the channel in one box; both the slider doors were bent etc. In support of his case complainant has placed on record the photographs of the product.
7.        It is further observed from the record that the OP in its written version has itself admitted that it had sent technician thrice to complainant’s place which itself substantiates the version of the complainant regarding defects in the product.  However, OP has failed to adduce on record any job sheet or tabulated data etc. showing the date and nature of the complaints so received from the complainant and the redressal thereof by the OP.  What to talk of job sheet or data, OP has even failed to specifically mention the date(s) on which its technician visited the complainant’s place.  OP being service provider is expected to keep proper record of the complaints and the resolution thereof at its end and failure to do so itself amounts to deficiency in service and unfair trade practice on its part.
8.        In view of the above discussion, the present consumer complaint deserves to succeed. However, keeping in view the peculiar facts and circumstances of the case as well as the harassment caused to the complainant and his family and to put an end to the acrimony between the parties, it would be in the interest of justice if the complainant is compensated suitably and is directed to get the defects/deficiencies removed at his own because if the same is done by the OP, the complainant may still not be satisfied with the same as the parties have lost faith in each other.
9.        As a result, the consumer complaint succeeds and the same is accordingly partly allowed. OP is directed to pay lump sum amount of ₹20,000/- to the complainant as compensation and litigation expenses and the complainant is at liberty to get the defects/deficiencies removed from outside at his own
10.        This order be complied with by the OP within 60 days from the date of receipt of its certified copy.
11.        The pending application(s) if any, stands disposed of accordingly.
12.        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

ANNOUNCED 22/11/2024 hg	[AMRINDER SINGH SIDHU] PRESIDENT
	[BRIJ MOHAN SHARMA] MEMBER