Delhi

East Delhi

CC/962/2014

ARIHANT - Complainant(s)

Versus

METRO CASH - Opp.Party(s)

04 Sep 2015

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.          962/ 2014

                                                                                                  Date of Institution                  17/11/2014

                                                                                                  Order Reserved on                 22/11/2016

                                                                                                  Date of Order                           06/12/2016 

                                                                                                        

In matter of

Mr. Arihant Jain,  adult 

S/o Sh P K Jain

HN- 32, Uttaranchal 5

I P Extn. Delhi 110092 ……………………..……………….……..…………….Complainant

                                                                  

                                                                     Vs

M/s Metro Cash n Carry India Ltd.

Agarwal Fun city Mall,

Plot no.- 29-31, CBD, Shahdara,

Delhi 110032………………………………………………...………………………  Opponent

 

Complainant……………………………………In Person

Opponent ……....………………………………Ex Parte

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                   

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case                    

Complainant purchased a three LED bulbs from OP for Rs 264/- (one bulb cost Rs 88/-) on 13/10/2014 as per annexure 1. Complainant asked the Mall attendant to check the bulbs as they were lightening well. It was told that bulbs were all ok.

 

Complainant tried to put bulb, got electric shock as it was defective, so immediately lodged complaint to OP online marked here as CW1/2. It was attended on the same date, but OP did not agree that bulb was defective as it was given after testing. Aggrieved by the behavior of OP, filed this complaint claiming compensation of Rs 5 Lacs for himself and for his wife.

 

 

Notice was served but none put appearance. Postal department tracking report showed that the notice was served.  So, case proceeded Ex Parte. Complainant submitted Ex Parte evidence on affidavit. Arguments were heard as OP did not present for arguments also. Order was reserved.   

We have perused all the facts and after going through all the facts and evidence on record, it is observed that complainant purchased three LED bulbs from OP and directed OP attendant to check the bulbs. Bulbs were checked in his absence and assured that they were ok.  

Complainant stated that as the bulb was defective and he got electric shock while put it in holder, is without any evidence and proof. And claiming for harassment for sum of Rs one lac for himself and his wife is without any ground. More so, his wife has no locus standi in this complaint.

Complainant seems to be a an educated and a professional person, should had got the bulbs checked in his presence which was not done, rather he was busy in purchasing other goods at OP at that time.

This complaint was filed without single concrete evidence, deserves to be dismissed with cost, so dismissed with cost Rs 1000/- to be deposited in Consumers legal aid account with this Forum.  

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs Harpreet Kaur  Member                                                               (Dr) P N Tiwari  Member

                                                                 

                                                     Shri Sukhdev Singh  President