Punjab

Ludhiana

CC/21/216

Surinder Pal - Complainant(s)

Versus

M/s Amplifon (India) Pvt.Ltd. - Opp.Party(s)

S.K.Pabbi Adv

14 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 216 dated 16.04.2021.                                                        Date of decision: 14.10.2022.

 

Surinder Pal Singh, aged 76 years, son of Shri Amolakh Singh, resident of House No.280-E, B.R.S. Nagar, Ludhiana-141001.

                                                                                      ..…Complainant 

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1. M/s. Amplifon (India) Pvt. Ltd., 1-B, Upper Ground Floor, Mall Plaza Building, Fountain Chowk, The Mall, Ludhiana through its Manager/Authorized Person.
2. The Manager/Authorized person of  M/s. Amplifon (India) Pvt. Ltd., 1-B, Upper Ground Floor, Mall Plaza Building, Fountain Chowk, The Mall, Ludhiana.                                                                                                                                                                      …..Opposite parties 

Complaint under Section 12 of the Consumer Protection Act,      1986.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         None.

For OPs                          :         Exparte.  

 

ORDER

PER K.K. KAREER, PRESIDENT

 

1.                In brief, the case of the complainant is that he purchased one hearing aid machine vide invoice dated 08.02.2019 from the OPs for a sum of Rs.66,000/-. The hearing aid machine was delivered to the complainant on 08.08.2019. The hearing aid machine was covered with worldwide warranty certificate from 07.02.2019 to 06.02.2021. However, soon after the purchase, the machine went out of order. The complainant approached the OPs after a defect occurred in the machine on 30.11.2020. The OPs got the machine inspected from Dr. Suresh Pathak who found that the machine was totally out of order. Thereafter, the officials of the OPs sent the machine to their head office. Thereafter, the complainant visited the OPs to know about the status of the machine but no satisfactory reply was given to the complainant. The officials of the OPs expressed their inability to get the machine repaired. As a result, the complainant requested the OPs to replace the same as the same was under warranty but even that was not done. On 08.02.2021, the complainant again approached the OPs but the machine was neither repaired nor replaced. This amounts to deficiency of service on the part of the OPs. In the end, it has been requested that the OPs be directed to refund the cost amount of Rs.66,000/- of the machine with interest @18% per annum along with compensation of Rs.50,000/-. 

2.                Upon notice, the OPs appeared through counsel Sh. Gautam Kashyap, Advocate but no written statement was filed on behalf of the OPs. Subsequently, the OPs absented themselves from the proceedings and were proceeded against exparte vide order dated 31.03.2022 and the case was adjourned to exparte evidence.

3.                The complainant did not formally tender any affidavit or documents in support of the complaint. It is pertinent to mention that the complainant has not been appearing in this case since 08.07.2022. In these circumstances, when no evidence has been led in support of the complaint, the allegations made in the complaint have not been substantiated and the complainant is bound to fail on this ground alone.

4.                As a result of above discussion, the complaint is hereby dismissed for want of evidence. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:14.10.2022.

Gobind Ram.

Surinder Pal Singh Vs M/s.Amplifon (India) Pvt. Ltd.             CC/21/216

Present:       None for complainant.

                   OPs exparte.

 

                   Record perused. Vide separate detailed order of today, the complaint is hereby dismissed for want of evidence. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:14.10.2022.

Gobind Ram.