Punjab

Ludhiana

CC/19/588

Malkiat Singh - Complainant(s)

Versus

M.S Khurana Venture - Opp.Party(s)

Complaint received by post

27 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 588 dated 20.12.2019.                                                       Date of decision: 27.03.2023. 

 

Malkiat Singh/Budh Singh Baba Daang Wala, Flat No.521/6, House Fed Complex, SBS Nagar-E, Ludhiana.

 

                                                                                      ..…Complainant

                                                Versus

M.S. Khurana’s Venture, Royal Rays Electronics, Punjab Mata Nagar, Pakhowal Road, Opp. PNB, Ludhiana-141002.                                                                                                                                      …..Opposite party 

                   Complaint Under Section 14 of the Consumer Protection                      Act.

 

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. Mandeep Madaan, Advocate.

For OP                           :         Exparte.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                The allegations in the complaint are that the complainant purchased one Usha Heat Converter from the opposite party on 09.01.2019. Since the product was found defective, so on 20.01.2019, the complainant telephonically asked the OP to replace the product. However, the opposite party  replied that the product cannot be replaced, but it would be repaired. On 22.01.2019, an employee of the opposite party  came to repair the heat converter, who stated to the complainant that the fan was defective and he would come and replace the same the next day. However, nobody came to repair the heat converter. The complainant again telephonically requested the opposite party to replace the product. The complainant even went to the showroom of the opposite party  and requested for replacement of the defective heat converter, but it was not done nor any body came to repair the same. In the end, it has been requested that the opposite party  be directed to replace the defective heat converter.

2.                The complaint was received by post.

3.                Upon notice, the opposite party did not appear despite service of notice through registered post dated 11.11.2020 and was proceeded against exparte vide order dated 28.01.2021 and the case was fixed for exparte evidence of the complainant.

4.                In support of his claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of tax invoice dated 09.01.2019 of Rs.2400/- issued by opposite party, Ex. C2 is the copy of letter dated 05.08.2019 written by the complainant to the opposite party, Ex. C3 is the copy of postal receipt, Ex. C4 is the consumer complaint dated 19.11.2019, Ex. C5 is the copy of postal receipt, Ex. C7 is the copy of discharge summary and closed the evidence.

5.                We have heard the arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents and written statement produced on record by the complainant.

6.                Undisputably, the complainant a senior citizen had purchased Usha heat converter from opposite party on 09.01.2019 during the peak of winter days but from the very beginning, the malfunctioning in the product was detected. The opposite party was telephonically informed on 20.01.2019. Although representative of the opposite party visited on 22.01.2019 and found that the fan of heat converter was not working and promised to replace the same. Thereafter, neither the opposite party nor its representative turned up to rectify the fault. Even a registered letter dated 05.08.2019 failed to yield the desired results. The complainant, an old aged person was deprived of the comforts of the heat converter during peak winter season and certainly there is deficiency in service on the part of the opposite party.

7.                Section 2(47) of the Consumer Protection Act exhaustedly defines the instances with regard to unfair trade practice. Section 2(47) (viii) of the Consumer Protection Act provides one of such instance which reads as under:-

(viii)   refusing, after selling goods or rendering services, to take back or withdraw defective goods or to withdraw or discontinue deficient services and to refund the consideration thereof, if paid, within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of thirty days.

This casts an obligation upon the trader to withdraw the defective goods or to provide refund within 30 days from the date of issuance of bill or cash memo. In the present case, admittedly the product was purchased on 09.01.2019 and the grievance was raised after 11 days but the opposite party failed to redress the grievance for replacement or refund of the amount so it also amounts to unfair trade practice on the part of the opposite party. In view of the facts and circumstances, it would be just and appropriate if the opposite party is directed to replace the Usha heat converter with some other heat converter of the same quality and description and to pay composite cost of Rs.2,000/-.

8.                As a result of above discussion, the complaint is allowed with direction to the opposite party to replace the Usha heat converter with new heat converter of the same quality and description on handing over the old heat converter by the complainant within 15 days from the date of receipt of copy of order and subsequently, the opposite party shall hand over new replaced heat converter to the complainant within further 15 days. As the complainant is an old aged person and as such, opposite party is further directed to collect and deliver the old heat converter from the complainant of his own within the stipulated period. The opposite party shall further pay a composite cost of Rs.2,000/- (Rupees Two Thousand only) to the complainant within 30 days from the date of receipt of copy of order. Copies of order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

9.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                       President         

 

Announced in Open Commission.

Dated:27.03.2023.

Gobind Ram.

 

 

Malkiat Singh Vs M/s. Khurana Ventures                     CC/19/588

Present:       Sh. Mandeep Madaan, Advocate for the complainant.

                   OP exparte.

                  

                   Sh. Mandeep Singh, Advocate appeared and filed power of attorney on behalf of the complainant and closed evidence after tendering affidavit Ex. CA along with documents Ex. C1 to Ex. C6.

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed with direction to the opposite party to replace the Usha heat converter with new heat converter of the same quality and description on handing over the old heat converter by the complainant within 15 days from the date of receipt of copy of order and subsequently, the opposite party shall hand over new replaced heat converter to the complainant within further 15 days. As the complainant is an old aged person and as such, opposite party is further directed to collect and deliver the old heat converter from the complainant of his own within the stipulated period. The opposite party shall further pay a composite cost of Rs.2,000/- (Rupees Two Thousand only) to the complainant within 30 days from the date of receipt of copy of order. Copies of order be supplied to the parties free of costs as per rules.     File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                       President         

 

Announced in Open Commission.

Dated:27.03.2023.

Gobind Ram.