Haryana

Ambala

CC/199/2015

Sanjeev Gupta - Complainant(s)

Versus

M/s Euru Pratik Sales Corporation - Opp.Party(s)

Jaideep Prashar

28 Nov 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                                             Complainant case no. : 199/ 2015

          Date of Institution :   22.07.2015

          Date of decision     :  28.11.2017

 

Sanjeev Gupta s/o Shri Chaman Lal Gupta resident of H.No.126, Sector-1, HUDA, Ambala.

……. Complainant.

Vs.

 

1.         M/s Euro Pratik Sales Corporation, B-101, Universal Paradise, Nanda Patekar Road, Ville Park-East, Mumbai-400057, through its authorized signatory.

 

2.         M/s Kitchen Shop, SCO No.26, Ist Floor, Sector-11, adjoining Anupam Sweets, 

            Panchkula through its authorized signatory Shri Pankaj Ahuja.

 

3.         M.s C.Lall Ltd, 98 Prem Nagar, Ambala City through its authorized signatory.

 

             ….…. Opposite Parties.

 

 

Before:           Sh. DN Arora, President

                        Sh. Pushpender Kumar, Member  

                        Ms. Anamika Gupta, Member                   

 

 

Present:          Sh. Jaideep Parshar, counsel for the complainant.

                        Opposite Parte No.1 ex parte on 31.03.2016.

Opposite party no.2 ex parte on 09.09.2015.

Sh. Amit Sharma, counsel for Opposite Party No.3.

 

ORDER:

                        In nutshell, brief facts of the present complaint is that the complainant purchased Acrylam Sheets and other material like panel and decolite for affixing the same on the walls of his house from opposite party no.3 vide Invoice No. SA-1705 dated 09.02.2015 for Rs. 6848/- and invoice no. SA-1555 dated 16.02.2015 for a sum of Rs. 1,58,601/-. The total cost of the Acrylam Sheets is Rs. 68, 218.72/-. He also stated that he got affixed  the said Acrylam Sheets as per the advice of Sales Executive of opposite party no.1 and as per the catalog of opposite party no.1 and the said sheets were pasted with silicon as prescribed by the opposite party no.1 in their catalog. After about 20/25 days the said Acrylam Sheets started leaving the base from the walls and became dislocated/slipped. The complainant approached the opposite party no.3 as the sheets were purchased from OP no.3 and the complainant lodged a complaint to the opposite party no.3 in this regard, upon which the opposite party no.3 assured him that he will raise the matter to the manufacturer i.e. opposite party no.1 and the grievances of the complainant will be sorted out very soon.

                        Thereafter, the complainant also informed the OP No.1 through Email on 01.04.2015 and the representative of the opposite party no.1 namely Ashish Singh visited the premises of the complainant, in the first week of April 2015 and checked the said sheets and found that the said Acrylam Sheets are leaving the base. The said representative of opposite party no.1 assured the complainant that he will send the complaint to the company i.e. OP no.1 and very soon the matter will be solved but till today nothing has been done in this regard and the walls of the house of the complainant has become disfigured and look ugly. Opposite party no. 1 refused to make the loss good to the complainant.         

Further submitted that the complainant has unnecessarily been harassed by the opposite parties due to their deficiency of service and unfair trade practice as such the complainant is further entitled to a sum of Rs. 20,000/- as damages for causing mental as well as harassment due to the deficiency of service and unfair trade practice on the part of the opposite parties. Hence, the present complaint.

2.                     Registered notice issued to Ops No. 1 and 2 but none have turned up on their behalf and Op No. 1 was proceeded against exparte v.o.d. 31.03.2016 and Op no. 2 proceeded against exparte vide order dated 09.09.2015. Further, learned counsel for the OP No.3  submitted that the representative of the opposite party no.1 namely Ashish Singh visited the premised of the complainant in the first week on April 2015 and checked  the said sheets and found that the said Acrylam Sheets  are leaving the base. The said representative also assured the answering OP that the matter would be raised before OP No.1 who is the manufacturing company of Acrylam sheets. He also stated that the Acrylam sheets were affixed with silicon as advised by the OP No.1 and he is not liable to make the loss good in any manner since the Acrylam sheets are manufactured by the OP No.1. He further stated that the Acrylam sheets are manufactured by the OP No.1 and the answering OP is only the  retailer and the said Acrylam sheets were purchased by the OP No.3 from OP No. 2 who is distributor of the said Acrylam Sheet and further prayed for dismissal of complaint  qua of the Op No.3.

3.                To  prove his version counsel for the complainant tendered affidavit of complainant as Annexure CX along with documents as annexure C1 to C7 and close their evidence. On the other hand, counsel for the opposite party no.3 tendered affidavit Annexure R-1 only and close the evidence on behalf of opposite party no.3.

4.                     We have heard learned counsel for the complainant as well as learned counsel for Op no. 3 and carefully gone through the case file.

5.                     It is proved on the file that complainant has purchased the Acrylam Sheets vide invoice annexure C-1 dated 16.01.2015 as well as annexure C-2 dated 9.02.2015  for amounting Rs. 68, 218.72/- which  is mentioned in the invoice C-1  at Serial No. 1 to 6 as well as another invoice C-2. The complainant also placed on record E-mail which  was sent to the  OP No.1 and categorically mentioned that  sheets were pasted with the silicon as prescribed by the op No. 1 in their catalog and further he again sent the second email on 7.4.2015 as annexure C-4 and complainant also placed on record the specification  of the adhesive –paste  which is to the fixed  with paste i.e Silicon. The above said facts have not been denied by the op no.3 in the written statement that on the complaint of the complainant the representative of the op no. 1 namely Ashish Singh visited of the premises the complainant and he noted that the sheets are leaving the base after the pasting the silicon paste. When the OP No.3 who is dealer of OP Nos.1 and 2 has not denied about leaving the base after the pasting the silicon paste, therefore, it tantamounts that the defective sheets were supplied by the Op no.1 to the complainant allegedly manufactured by Op Nos. 1 and 2. In the present case only Op no.3 has appeared and the manufacture & distributor have not bothered to redress the grievance of the complainant and even they are proceeded against the ex parte. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant which shows that the Ops are deficient in providing service to the complainant.  

5.                In view of above discussion, the present complaint is hereby allowed with costs and Ops are directed to refund the amount Rs.68,218.72/- to the complainant for supply the defective sheets with interest @ 9% from the date of the payment i.e 09.02.2015 till its realization along with the cost which is assessed Rs. 3,000/- within 30 days to be paid jointly and severally subject to return the sheets in question by the complainant to the OPs. Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :28.11.2017                                                                   (D.N. ARORA)

                                                                                                          President

 

    

                        (PUSHPENDER KUMAR)

                                                                                                          Member

 

 

                                                                                                  (ANAMIKA  GUPTA)

Member