DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 705 of 2010 Date of Inst:28.10.2010 Date of Order: 04.03.2011 Babita Kumari wife Arvind Singh, Two Room Apartment, Ist Floor, Khanna House, Raipur Khurd, Chandigarh ---Complainant V E R S U S Mr.Ajay Better Deals (Distributors and Whole Sales), OFF:SCF 25, Ist Floor, Sector 18-C, Chandigarh. ---Opposite Party QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER SMT.MADHU MUTNEJA MEMBER PRESENT: Sh.Arvind Singh, Husband/Authorized Agent for the complainant OP already exparte. --- PER LAKSHMAN SHARMA, PRESIDENT Smt.Babita Kumari has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to :- i) Refund Rs.13000/- being the price of the Reverse Osmosis Water Purifier (Kent). ii) Pay costs of litigation. 2. In brief, the case of the complainant is that on 02.05.2010, she purchased Reverse Osmosis Water Purifier(Kent) for Rs.13,000/- vide invoice No.9484 from OP. The said Reverse Osmosis Water Purifier (Kent) is covered under warranty of one year. According to the complainant, the said Reverse Osmosis Water Purifier (Kent) is not working properly and remains out of order. It has been alleged by the complainant that she approached OP a number of times to replace the same but no action was taken by OP despite her repeated requests and visits which amounts to deficiency in service and unfair trade practice. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. OP was duly served but OP refused to accept the summons. As refusal was a good service, therefore, OP was ordered to be proceeded against vide order dated 21.12.2010. 4. We have heard the husband/representative of the complainant and perused the record very carefully. 5. The averments made in the complaint as reproduced above in para No.2 of the order stands corroborated from the affidavit of the complainant as well as from Annexures C-1 and C-2. Annexure C-1 is the copy of the invoice No.9484 dated 02.05.2010. From this document, it is proved that the complainant purchased Reverse Osmosis Water Purifier (Kent) for Rs.13,000/- from OP. Annexure C-2 is the copy of the warranty card which shows that the Reverse Osmosis Water Purifier (Kent) is covered under warranty for one year from the date of its purchase. The complainant has specifically stated in her complaint that the Reverse Osmosis Water Purifier(Kent) was not working properly and the same was not replaced by OP despite her repeated requests and visits. Otherwise also, the averments made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of the OP despite due service to deny the same. In our considered view, non-replacing of the defective Reverse Osmosis Water Purifier (Kent) amounts to deficiency in service on the part of OP. 6. In view of the above findings, this complaint is allowed with a direction to OP to refund Rs.13,000/- being the price of Reverse Osmosis Water Purifier (Kent) along with interest @ 9 % p.a. from the date of its purchase till realization. OP is also directed to pay to the complainant a sum of Rs.5000/- as costs of litigation. 7. This order be complied with by OP within one month from the date of receipt of its certified copy, failing which OP shall be liable to pay Rs.13000/- along with penal interest @ 18% p.a. from date of purchase of the Reverse Osmosis Water Purifier (Kent) i.e. 02.05.2010 till its realization besides costs of litigation. 8. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 04.03.2011 Sd/- (LAKSHMAN SHARMA) PRESIDENT cm sd/- (ASHOK RAJ BHANDARI) MEMBER Sd/- (MADHU MUTNEJA) MEMBER
| | MR. A.R BHANDARI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MRS. MADHU MUTNEJA, MEMBER | | 
