Delhi

North

CC/378/2022

ASIF ALI SHEIKH - Complainant(s)

Versus

M/S A M TRADING - Opp.Party(s)

23 Mar 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: 378/2022

Mr. Asif Ali Sheikh

S/o late Riazuddin

O/o 2347/8, Hotel Alnoor

Bazar Chitli Qabar

Turkman Gate, Delhi-110006

                                                                                        …Complainant

                                                          VS

M/s.A.M.Trading

Through its Authorised Signatory

B-386, Gali No.4, Indira Vihar

Chaman Park, Mustafabad

Deli-110094                                                                            …Opposite Party

         

ORDER

23/03/2023

Ms. Harpreet Kaur Charya, Member:-

This  complaint has been filed by Asif Ali sheikh, the complainant against M/s A.M.Trading, the OP with the prayer for directions to OP to replace the washing machine after returning the cost of Rs.14,000/- along with litigation expenses/mental harassment of Rs.20,000/-.

Facts necessary for the disposal of the present complaint are that, on 28/02/2022, the complainant purchased a Samsung Washing Machine (Front load fully automatic) from OP for Rs.14,000/-.  It has been stated by the complainant that at the time of purchase the OP had given of one year warranty and endorsed same on the invoice dated 28/02/2022. 

It has been stated by the complainant that after 4-5 months the above said washing machine started giving problem and stopped working completely.  OP was telephonically informed and was requested to send the mechanic for repair.  Despite several calls, OP neither sent any mechanic nor was the grievance of the complainant addressed. 

The complainant requested the OP to either repair or replace the washing machine but the same was refused.  The complainant has alleged that the washing machine is not working and lying dead, therefore, there is deficiency of service by OP as they had given the wrong information about the product and failed to get it repaired.

Tax invoiced issued by OP dated 28/02/2022 and screenshots of the whatsapp chat have been annexed with the complaint.

Notice of the present complaint was issued to OP, however, none appeared despite service, hence OP was proceeded Ex-parte vide order dated 03/01/2023. 

Ex-parte evidence by way of affidavit was filed by the complainant, where the contents of the complaint have been reiterated. In para 7 of the affidavit, the complainant has mentioned “that there is clear “efficiency” of service of washing machine which was/in not working properly......”, it seems to be typographical error as in the complaint it is “deficiency”.  The complainant has relied upon the invoice dated 28/02/2022 and the copies of the screenshot of chat details as Annexure A and Annexure B respectively.

We have heard the submission made by the complainant and have perused the material  placed on record.  The complainant has alleged that he was misguided by the OP who gave wrong information about the machine and caused loss to the complainant.  It is seen from the Annexure A (tax invoice) issued by OP, the seller, bears:-                                  A.M.TRADING

“Deals In: All Type of Scrap etc.”.

 The said invoice bears endorsement “ 1 year warranty” Thus, it is the case where warranty of one year was given by the seller i.e. OP.  The complainant has also alleged that despite several visits and telephonic requests, OP not only failed to rectify the defect in the product sold, but also in honouring the endorsement of ‘1 year warranty’ as made on the tax invoice.  As OP has been proceeded Ex-parte, the allegations made by the complainant have remained unrebutted.  When the product was sold to the complainant with the assurance that it was under one year warranty, then the failure on the part of OP to repair/rectify the washing machine, definitely amounts to deficiency in service. 

Therefore, in the facts and circumstance of the present complaint we direct OP to refund Rs.14,000/-, being the cost of the washing machine.  We further award compensation of Rs.5,000/- on account of mental harassment and agony, inclusive of litigation expenses. 

The order be complied within 30 days of receipt of this order, else              Rs. 19,000/- (Rs.14,000/- + Rs.5,000/-) shall carry an interest @7% p.a. from the date of order till realization.

          Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

(Harpreet Kaur Charya) Member	(Divya Jyoti Jaipuriar)                        President