| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION-VII DISTRICT: SOUTH-WEST GOVERNMENT OF NCT OF DELHI FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 CASE NO.CC/217/21 Date of Institution:- 04.01.2022 Order Reserved on:- 04.06.2024 Date of Decision:- 26.06.2024 IN THE MATTER OF: Tara Chand S/o Late Shri Nanga Ram Aged About 66 Years R/o Flat No.486, Adarsh Apartment, Pocket 16, Sector 3, Dwarka, New Delhi - 110078 .….. Complainant VERSUS M/s Aggarwal Home Applicances K-40, Raja PuriTirangaChowk, Near Aggarwal the Handloom Shop, Opp. Sector-IV, Dwarka, New Delhi - 110059 ……Opposite Party Per Dr. HarshaliKaur, Member - The complainant purchased a 5 litre. Prestige pressure cooker on 31.10.2020 from the OP and paid Rs.1700/- as the consideration amount for the same. The OP issued bill number 7615 (Annexure-I) towards the purchase.
- The complainant alleges that the pressure cooker was not functioning correctly and the gas inside the cooker was persistently leaking. The complainant visited the OP shop on 22.02.2021 and informed the shopkeeper about the defect, requesting him to repair his pressure cooker or alternatively to change the same with a new one or refund his money.
- However, the OP did not make any efforts to resolve his grievance, after which he left the pressure cooker with the OP after obtaining an acknowledgement/receipt from the OP, a copy of which the complainant has annexed as Annexure- II. When the OP neither repaired his defective pressure cooker, which was within the warranty period, nor refunded his payment, the complainant filed the present complaint alleging deficiency in service under section 35 of the Consumer Protection Act, 2019.
- The complainant has prayed for directions to the OP to replace the pressure cooker, refund the consideration amount he paid to the OP along with interest, and pay compensation to him.
- Notice was issued to the OP, who did not appear despite adequate service, proof of which was filed by the complainant on record. Therefore, the OP was proceeded ex-parte vide order dated 02.05.2023. Thereafter, the complainant filed ex-parte evidence and written arguments reiterating the averments made in his complaint and proving the documents he filed to corroborate his case on record.
- We have carefully considered the facts and circumstances of the present complaint and have also perused the documents placed on record.
- We find that the complainant purchased a Prestige pressure cooker from the OP on 31.10.2020 and paid Rs.1700/- for the same. The OP issued a bill for the said purchase (Annexure-I). On 22.02.2021, i.e. only three and half months later, the complainant returned the pressure cooker, finding that the gas inside the pressure cooker was constantly leaking. An acknowledgement bill/ receipt was issued towards this return wherein the OP noted that the pressure cooker was being returned by the complainant to the OP (Annexure-II).
- The OP is ex-parte; hence, we have no reason to disbelieve the complainant’s unrebutted and uncontroverted testimony. Coupled with the fact that the OP received the pressure cooker from the complainant issuing a receipt towards the return (Annexure-II), it is clear that the OP was deficient in the service promised to be provided to the complainant as the OP did not return the repaired or unrepaired cooker to the complainant after receiving the same.
- Hence, allowing the complaint, we direct the OP to either replace the pressure cooker of the complainant with a new one of the same make and model or refund Rs.1700/-, which is the amount the complainant paid for the defective cooker. The OP shall also pay Rs.5000/- to the complainant for the harassment caused to him, including litigation costs.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 26.06.2024.
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