DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 06 of 10.1.2017

                                      Decided on: 7.9.2017

Darshan Singh Deepak R/o B/59-DLF Colony, Patiala 147004

Mobile No.98761-04919.

                                                                   …………...Complainant

                                      Versus

1.       M/s A.K.Traders, S-3,DLF Colony, Sirhind Road, Patiala.

2.       M/s Springwell Mattresses Co.Ltd.Mangolpuri, New Delhi.

                                                                   …………Opposite Party

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member                              

ARGUED BY:

                                       Sh.Darshan Singh Deepak, complainant in person.

                                      Opposite parties ex-parte.

 ORDER

                                    SMT.NEELAM  GUPTA,  MEMBER

1. The complainant purchased one pair of mattresses from Op no.1 on 1.1.2013 for a sum of Rs.11000/- with five years guarantee, manufactured by OP no.2.It is averred that in mid-January, 2014, the said pair of mattresses got compressed and disfigured almost within a year as against the guarantee of five years. The complainant brought the matter to the notice of OP no.1 and sought on-the-spot verification by it either to replace the defective pair of mattresses or to refund the price of the same. It took almost three months for the dealer to carry out on-the-spot verification of the mattresses and the dealer admitted that the mattresses had got compressed /disfigured and promised replacement of the same by manufacturing company. For the next 3-4 months, the complainant kept on visiting the OP no.1 for the replacement of the mattresses and ultimately on 11.8.2014, one person named Sh.Inderjit Singh, representative of the company alongwith the dealer visited the house of the complainant for the on-the-spot verification of the mattresses. He took the copy of the invoice from the complainant, photograph of the mattresses and marked the label of the mattresses as token of his having paid a visit and left with the promise that the defective mattresses would be replaced very soon. Thereafter, the complainant contacted OP no.1 time and again but to no use. The complainant underwent a lot of mental agony, harassment as well as financial loss at the hands of the OPs.Ultimately he approached this Forum under Section 12 of the Consumer Protection Act(for short the Act),1986.
2. On notice, the OPs failed to appear despite service and were thus proceeded against exparte.
3. In support of the case, the complainant tendered in evidence Ex.CA his sworn affidavit alongwith the documents Exs.C1 to C2 and closed the evidence.
4. We have heard the complainant in person, gone through the written arguments filed by him and have also gone through the evidence on record, carefully.
5. Ex.C2 is the copy of the invoice whereby the complainant purchased a pair of mattresses on 1.1.2013 with five years guarantee. The said pair of mattresses got compressed and disfigured within a year and the representative of the company alongwith the dealer visited the premises of the complainant on 14.8.2014 and took the copy of the invoice, photograph of the mattresses and also marked the label of the mattresses as a token of having paid a visit (i.e. Ex.C1) and promised to replace the mattresses at the earliest. Thereafter, the complainant paid many visits to the shop of OP no.1 but to no use. It kept on lingering on the matter on one pretext or the other. The pair of mattresses is still within guarantee and the OPs were bound to replace the same, which they failed to do so and it amounted to deficiency in service on their part. Moreover, failure on the part of the OPs to contest the claim of the complainant shows indifferent attitude of the OPs to redress the grievance of the complainant.
6. As an upshot of our aforesaid discussion, we accept the complaint of the complainant with a direction to OPs no.1&2 to replace the mattresses of the complainant with new one of the same make and quality and if that is not possible to refund the amount of Rs.11000/-.The OPs are further directed to pay a sum of Rs.4000/- as compensation for the harassment undergone by the complainant alongwith a sum of Rs.3000/- as litigation expenses. Order be complied by the OPs within a period of 30 days from the date of the receipt of the certified copies of this order. Copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED: 7.9.2017                 

                                                                   NEENA SANDHU

                                                                       PRESIDENT

                                                                   NEELAM GUPTA

                                                                         MEMBER