Punjab

Ludhiana

CC/22/97

Mahammad Amin - Complainant(s)

Versus

M/s AVI Furnishers - Opp.Party(s)

S.S.Heer Adv

23 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 97 dated 11.03.2022                    

                            Date of decision: 23.09.2022. 

 

Mohammad Amin aged about 47 years s/o Mohammad Husain r/o 1794, Ward No.13, Mohalla Molvian, Raikot-141109, District Ludhiana, Email: talhaamin715@gmail.com.                                                                                                                                                                ..…Complainant

                                                Versus

M/s AVI Furnishers, B-XVIII-2152/2B, M.T.Road, Opp.White House, Ludhiana-141001, through its Proprietor/Partner. Mobile:9417001051.

                                                                                      …..Opposite party

               Complaint under Section 12 of Consumer Protection Act.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH.JASWIDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.S.S.Heer, Advocate

For OP                           :         Exparte.

 

ORDER

PER JASWINDER SINGH, MEMBER

1.                In nutshell, the case of the complainant is that he purchased a pair of Advire Mattress size of 72x35x15, HSN Code 94042190 from the OP vide cash memo No.864 dated 10.11.2020 for a sum of Rs.14,001/-. After few days of its purchase, the complainant found that the mattress had become very soft as one piece of the mattress decreased in size by ½” from the other one. The complainant sent an email dated 28.06.2021 which was replied to by the OP vide email dated 29.06.2021 whereby the complainant was told that initially new mattress might feel a little different from the other mattress but after some use, the body will soon adjust to the benefits of new mattress. The OP further advised the complainant to rotate the mattress every two weeks for a period of first four months and every three months thereafter. The OP also informed the complainant vide email dated 07.07.2021 that the complaint lodged by the complainant has been registered against complaint no.181557 and the area service representative would get in touch with him for the inspection of the mattress. However, nothing was done and instead of redressing the grievance of the complainant, OP sent another email dated 09.10.2021 repeating the same version as stated in the email dated 29.06.2021. The mattress purchased by the complainant was uncomfortable and has also caused body pain to the complainant. It was emitting foul smell also and the complainant is not in a position to sleep properly. There is a manufacturing defect in the mattress as the same is not manufactured as per the quality assured by the OP at the time of sale. This amounts to deficiency of service on the part of the OP. Hence the complaint whereby it has been requested that the OP be either directed to replace the mattress with a new one or to refund the cost of Rs.14,001/- along with interest @18% per annum form the date of purchase along with compensation of Rs.10,000/-.

2.                Upon notice, OP did not turn up despite service and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted his affidavit Ex.CA along with documents Ex.C1 to Ex.C9 and closed the evidence.

4.                We have heard the counsel for the complainant and have also gone through the record.

5.                As per allegations made in the complaint which have been supported by an affidavit Ex.CA of the complainant whereby it has been claimed that he purchased a pair of mattress for a sum of Rs.14,001/-. It has also been claimed that the pair of mattress sold to the complainant was defective in nature and it became very soft after some use and size of one piece decreased from other one. The mattress was also emitting foul smell and has also caused body pain to the complainant. The complainant sent emails Ex.C4 to Ex.C8 to the OP but the grievance of the complainant was not redressed. The exparte evidence lead by the complainant has gone unrebutted and even the same inspires confidence. From the uncontroverted evidence disclosed in the complaint and in the supporting affidavit Ex.CA, it stands proved on record that the complainant has been supplied the defective mattress which has not given the desired utility for which it was purchased. Besides this, OP has not done anything to rectify or sort out the alleged defect in the mattress. This clearly amounts to deficiency of service on the part of the OPs. In our considered view, it would be just and proper, if the OP is directed either to replace the mattress in question with new one within a period of one month or to refund the amount of Rs.14,001/- to the complainant along with composite compensation and cost of Rs.2500/-.

6.                Accordingly, the complaint is allowed ex-parte with an order that the OP shall replace the mattress in question with a new one or to refund the amount of Rs.14,001/- to the complainant along with composite compensation and cost of Rs.2500/-. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

7.                File be indexed and consigned to record room.   

8.                Due to rush of work and spread of COVID-19, the case could not be decided within the statutory period.

 

                           (Jaswinder Singh)                             (K.K.Kareer)

                    Member                                           President

Announced in Open Commission.

Dated:23.09.2022.

Gurpreet Sharma