Chandigarh

DF-I

CC/53/2020

Sonika Bhatia - Complainant(s)

Versus

Managing director of Croma - Opp.Party(s)

In Person

03 Nov 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/53/2020
Date of Institution	:	29/01/2020
Date of Decision	:	03/11/2020

 

Sonika Bhatia D/o Late Shri B.N. Bhatia, Resident of H.No.2051, Sector 45-C, Chandigarh.

…..Complainant

V E R S U S

 

1.      Managing Director of Croma, Tata Group (address not known). (No process was ordered to be issued qua OP No.1 vide Order dated 31.01.2020)

 

2.      Regional Manager of Croma, SCO 57, Basement, Madhya Marg, Sector 26, Chandigarh.

 

3.      Sales Manager Croma/Customer Care, Croma Store, SCO 1094-95, Ground & First Floor, Sector 22-C, Chandigarh.

…… Opposite Parties

QUORUM:	SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                                       

PRESENT	:	Complainant in person.
	:	OPs No.2 & 3 ex-parte.

 

Per Surjeet Kaur, Presiding Member

 

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant purchased a Microwave from Opposite Party No.3 for Rs.12,990/- vide bill dated 03.12.2018 (Annexure C-1). There was defect in the temperature control function of the said Microwave, due to which the dishes tried by the Complainant were spoiled/burnt. The matter was immediately brought to the notice of the Opposite Parties. Upon which, their Executive who attended the complaint, admitted said defects in the product and assured to get the defects rectified or in alternative would arrange replacement of the product. However, when nothing positive could come out, the Complainant text message (Annexure C-3) to the Executive to solve her grievance, but to no avail. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant Consumer Complaint.
2.         Address of Opposite Party No.1 not disclosed as not known. As such, no process was ordered to be issued qua OP No.1 vide Order dated 31.01.2020.
3.         Notice of the complaint was sent to Opposite Parties No.2 & 3 seeking their version of the case.
4.         However, nobody appeared on behalf of Opposite Parties No.2 & 3 despite service, therefore, they were proceeded ex-parte vide order dated 28.08.2020.
5.         Complainant led evidence.      
6.         We have heard the Complainant in person and also gone through the entire record with utmost care and circumspection.
7.         Per pleadings of the Complainant, she purchased a Microwave worth Rs.12,990/- from Opposite Party No.3 vide bill dated 03.12.2018 which accounts for Annexure C-1. It is the case of the Complainant that contrary to the quality and performance of the product, when she used the Microwave she found that its temperature was either functioning over the prescribed set temperature or was below, which was spoiling the cooking either it was over cooked or under cooked.  After making a number of complaints, one Executive visited her place and when he was shown the Microwave, he admitted said defects in the product resulting in under performance of the Microwave.  The Complainant claims that the said Executive also assured her that he would either get the defects repaired or would arrange replacement of the product, but to no avail. Perusal of the record further shows that Complainant also wrote e-mail (Annexure C-2) and sent text message to the Executive (Annexure C-3), but her grievance could not be resolved.
8.         Significantly, the Opposite Parties No.2 & 3 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Parties No.2 & 3 draws an adverse inference against them.
9.         The non-appearance of the Opposite Parties No.2 & 3 shows that they have nothing to say in their defence against the allegations made by the Complainant. Therefore, the assertions of the Complainant go unrebutted and uncontroverted.
10.         In these set of circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine and the harassment suffered by the Complainant is also writ large. The Opposite Parties No.2 & 3 have certainly and definitely indulged into unfair trade practice as they ought to have take remedial steps promptly to redress the grievance of the Complainant, which they failed to do and rather propelled this unwarranted, uncalled for litigation upon the Complainant.
11.         At any rate, the Opposite Parties No.2 & 3 even did not bother to redress the grievance of the Complainant, despite having approached for the same.  Thus, finding a definite deficiency in service on the part of the Opposite Parties No.2 & 3, we have no other alternative, but to allow the present complaint against the Opposite Parties No.2 & 3.
12.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Parties No.2 & 3, and the same is partly allowed. The Opposite Parties No.2 & 3 are, jointly and severally, directed:-

[a]      To replace the defective Microwave of the Complainant with new one of the same make, model & configuration, with fresh warranty;

[b]      To pay Rs.7,000/- as compensation to the complainant for deficiency in service, unfair trade practice.

[c]      To also pay a sum of Rs.5,000/- to the complainant as litigation expenses. 

13.         This order shall be complied with by the Opposite Parties No. 2 & 3 within a period of 30 days from the date of receipt of its certified copy, failing which, Opposite Parties No.2 & 3 shall be liable to refund the cost of the Microwave i.e. Rs.12,990/- as well as compensation amount of Rs.7,000/-, along with interest @12% p.a. from the date of filing of the present complaint i.e. 29.01.2020 till realization, besides litigation expenses as at Sr. No.(c) above.
14.         The Complainant shall return the defective product (Microwave) in question to the Opposite Parties No.2 & 3 after the compliance of the order.
15.         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

03^rd November,2020                   

                                                                                         Sd/-                                 (SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 “Dutt”