Haryana

Sonipat

CC/158/2015

ISHWAR SINGH ATRI S/O SH. TARA CHAND - Complainant(s)

Versus

M/S BATH SELECTION - Opp.Party(s)

PANKAJ TYAGI

22 Jul 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

                                                      

                                    Complaint No.158 of 2015

                                    Instituted on:12.05.2015

                                    Date of order:03.09.2015

 

Ishwar Singh Atri son of Tara Chand, r/o H.No.710, Gali no.3, Jain Bagh Colony, Sonepat.

     …….Complainant

 

                   VERSUS

 

1.M/s Bath Selection Opp. Panchayat Bhawan, near Subhash Stadium, Gohana road, Sonepat through its Prop.

2.Manufacturer of Pallas Taps, Full name and address to be disclosed by the respondent no.1.

           …Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Pankaj Tyagi, Adv. for complainant.

           Respondent no.1 ex-parte on 13.8.2015.

           Respondent no.2 given up on 25.8.2015.6

 

BEFORE-   Nagender Singh, President.

          Smt. Prabha Wati, Member.

          D.V. Rathi, Member.

 

O R D E R

 

        Complainant has filed the present complaint against the respondents alleging therein that he purchased sanitary items worth Rs.85,557/- from the respondent no.1 on 30.8.2014. The complainant got fitted the said items including taps, angle valves and cocks etc.  The respondent no.1 assured the complainant  that the said sanitary items are of good and superior quality of brass and have atleast 20 years life.   But first tap itself broke down in the month of 11/2014 just after two months of installation.  The complainant got the same replaced, but more surprisingly the taps started breaking down one after the other.   In this way, the respondent no.1 has supplied the inferior quality of sanitary items and that amounts to a grave deficiency in service on the part of the respondents.  The complainant obtained opinion of M/s Haryana Hardware and Sanitary Store who opined that the said taps are of very poor quality and the taps are not of pure brass and there is mixing of custood.  So, he has come to this Forum and has filed the present complaint.

2.       Notice to respondent no.1 was sent through process server of this Forum. But as per the report of process server of this Forum, the respondent no.1 after reading the contents of the notice, refused to accept the same.  On 13.8.2015 when the case was fixed, none appeared on behalf of the respondent no.1 and thus, he was proceeded against ex-parte vide order dated 13.8.2015.

         The respondent no.2 was given up by ld. Complainant’s counsel vide his separate statement on 25.8.2015.

3.       We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

         Ld. Counsel for the complainant has submitted that the respondent no.1 has supplied the inferior quality of sanitary items  to the complainant, whereas as per the opinion of M/s Haryana Hardware and Sanitary Store (Ex.C10) who opined that the said taps are of very poor quality and the taps are not of pure brass and there is mixing of custood.  So, in this way, the respondent no.1 has not only cheated the complainant but has also rendered deficient services to the complainant.

         The opportunity was given to the respondent no.1, but the said opportunity has not been availed by the respondent no.1 as respondent no.1 has chosen to proceed ex-parte. So, in the absence of the respondent no.1, we have no hesitation to accept the present complaint.  Accordingly, we hereby direct the respondent no.1 to refund the amount of Rs.24000/- (Rs.twenty four thousands) to the complainant. The respondent no.1 is also directed to compensate the complainant to the tune of Rs.5000/- (Rs.five thousands) for rendering deficient services, for supplying the inferior quality of taps/valves/cocks, for installation of new taps/valve and cocks, for removal of defective taps/valves and cocks and under the head of litigation expenses.  The complainant is also directed to return the used and unused taps/valves and cocks to the respondent no.1.

         With these observations, findings and directions, the present complaint stands allowed ex-parte.

         Certified copies of order be provided to the complainant and be also sent to the respondent no.1 for information and compliance of the order. File be consigned to the record-room.

 

 

 

(Prabha Devi-Member)    (D.V.Rathi)         (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF, Sonepat.      DCDRF Sonepat.

 

Announced : 03.09.2015