Chandigarh

DF-I

CC/469/2020

Shivani Patial - Complainant(s)

Versus

M/s Croma Infiniti Retail Ltd. - Opp.Party(s)

In Person

18 Nov 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/469/2020
Date of Institution	:	16/10/2020
Date of Decision	:	18/11/2021

 

Shivani Patial, aged about 27 years, D/o Daljit Patial, R/o VPO Bhora, Sub-Tehsil Panchrukhi, Tehsil Palampur, District Kangra, Himachal Pradesh; presently residing at House No.1202, Sector 43-B, U.T. Chandigarh.

 

… Complainant

V E R S U S

 

1. M/s Croma Infiniti Retail Ltd. (Trading as Croma), Sector 22-B, A080, U.T. Chandigarh.
2. M/s TATA Croma (Customer Service Head) Infiniti Retail Ltd. Unit No.701-702, Kalebonia Sehar Road, Andheri (East), Mumbai-400069, Maharashtra.

… Opposite Parties

CORAM :	RAJAN DEWAN	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

                            

                   

ARGUED BY	:	None for complainant.
	:	OPs already ex-parte.

 

Per Surjeet kaur, Member

1.      Briefly stated the allegations are that the complainant had purchased a refrigerator from the OPs on 09.11.2019 for an amount of Rs.9,812/- is annexed as Ex.C-1. The complainant has been facing problems after 15 days from the purchased of refrigerator, as it started making harsh and sharp noise and it has not been working properly giving cracking loud sound. The complainants approached the OPs several times personally as well as requests telephonically and email to sort out the problem. The OPs deputed the engineer who visited the residence of the complainant three times on different dates to check and sort out the problem and even kept waiting there for about 20-30 minutes to check the problem. The visit of the said engineer was of no use. Despite repeated requests made by the complainant, the OPs had not rectified the problem regarding the refrigerator.

        The OPs fraudulently and with mala fide intention, delivered a faulty refrigerator to the complainant and grabbed the hard earned money of the complainant. The complainant served a legal notice on 20.07.2020 to OPs through registered post is attached as Ex.C-2 and postal receipts are Ex.C-3. It is clear unfair trade practice and deficiency in service. Hence, this present consumer complaint.

2.     Notice of the complaint was sent to OPs seeking their version of the case. However, nobody appeared on behalf of OPs despite service, therefore, they were proceeded ex-parte on 27.01.2021.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the complainant in person and gone through the record of the case. After perusal of record, our findings are as under:-
5.     It is evident from Ex.C-1 the copy of invoice that the complainant purchased one refrigerator from Opposite Party No.1 on 09.11.2019 after spending an amount of Rs.9,812/-. But as per the case of the complainant, just after 15 days of the purchase of the refrigerator the complainant faced problem of harsh and sharp noise in it. When the complainant was reported to the OPs, the engineer deputed for the rectification of the problem in question could not fix the problem despite checking the same three times Ex.C-2 dated 20.07.2020 is the legal notice regarding the replacement of the defective refrigerator which was sent to the OPs through registered post. But the problem of the refrigerator could neither be rectified by the OPs nor they replied the legal notice which forced the complainant to file the present complaint.
6.     Significantly, OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.    Hence, the act of OPs for non-providing proper service, non-replying to the legal notice & most importantly non-appearing during the proceedings of the present case proves deficiency in service on their part.
7.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund amount of ₹9,812/- to the complainant alongwith interest @ 9% per annum from the date of purchase till realization.
2. to pay an amount of ₹3500/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹3500/- to the complainant as costs of litigation.

         It is made clear that the complainant will hand over the defected refrigerator in question to the OPs after compliance of the present order.

8.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) & above.
9.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
18/11/2021	[Surjeet Kaur]	[Suresh Kumar Sardana]	[Rajan Dewan]
Ls	Member	Member	President