PER:

Charanjit Singh, President;

1        The complainant has filed the present complaint under Section 34, 35, 36 and 38 of the Consumer Protection Act (herein after called   as 'the Act') against the opposite party that the complainant Sohan Singh is running his business of electrician under the name and style of “Gobind Electric Store” Mohalla Jaswant Singh, Gali Malaya Wali, Tarn Taran whereby the complainant used to make heater bodies for the heaters as such the complainant is running the above said business for earning his livelihood.  The opposite party i.e. “M/s G.S. Engg. Works”  is dealing in selling the electronics products of various types including Hydraulic Pipe Machines for making heater bodies. On 23.10.2020, the complainant has purchased Hydraulic Pipe Machine i.e. Heater body maker machine, which includes two dyes for making bodies of 2000 Watts heater and for making bodies of 3000 Watts heater respectively, from the opposite party for Rs. 47,200/- and the complainant has paid the above amount of Rs. 47,200/- to the opposite party through NEFT on dated 26.10.2020. The above machine was purchased to perform the ordered Job by the complainant for earning his livelihood through self employment. When the complainant started to use the machine, he noticed that the dye for making bodies of 3000 Watts of heater does not in proper size as the plates did not get fitted in the dye. As such, the complainant has immediately, brought the above fact in to the notice of the opposite party and the opposite party had assured the complainant that he will change the above part and asked him to come for changing the above part. The complainant alongwith son namely Parminder, had gone to Ferozepur and handed over the above dye to the opposite party i.e. Gagandeep Singh. The opposite party has checked the dye and admitted that it is not in good condition and further told that at present there is no availability of the said type of dye and it will be sent to the complainant within some days. As such, the complainant had returned back after leaving the above dye with the opposite party. Thereafter the complainant had made several requests to the opposite party in this regard for sending the proper dye but the opposite party has not paid any heed towards the genuine requests made by the complainant. Later on due to outbreak of COVID-19 there remains lockdown in the area and the matter could not be looked upon by the complainant. Thereafter in the month of September, 2021, the complainant contacted the opposite party and requested him to send the proper dye but the opposite party lingered on the matter. Later on lastly in November, 2021 the complainant has requested the opposite party that kindly to send the proper dye in the place of old improper dye as the complainant is suffering mentally and physically due to poor services on the part of the opposite party. The opposite party has flatly refused to give any favour to the complainant and told in very unbusiness like manner that he will not send new dye to the complainant unless he pay extra charges. Due to some manufacturing defect, the complainant could not make use of the above dye since its purchase. The complainant could not make proper use of the purchased machine for the purpose for which it was purchased and in this way the entire machine becomes unless for the complainant. As such, the complainant has been facing so many problems due to deficiencies in services provided by the opposite party. Till then, the complainant has visited the opposite party/ his office respectively for many times but none is serious to resolve the problem.  The complainant has prayed that opposite party may be directed to give proper dye for making bodies of 3000 Watts heater or the opposite party may be directed to reimburse the expenses of Rs. 47200/- alongwith interest as incurred by the complainant on the purchase of machine and the opposite party may be directed to compensate the complainant for mental and physical harassment to the complainant suffered due to unfair trade practice and deficiencies in services to the tune of Rs. 20,000/- and opposite party be directed to pay Rs. 10,000/- to the complainant by way of costs of litigation and counsel fee and pendent elite interest @ 12% P.A. from the date of filing of the complaint. Alongwith the complaint, the complainant has placed on record affidavit of complainant Ex. C-1 , affidavit of Parminder Singh Ex. C-2 alongwith documents i.e. Self attested copy of Bill dated 2.10.2020 Ex. C-3, Self attested copy of Bank statement Ex. C-4, Self attested copy of Adhar Card Ex. C-5, Self copy of Adhar Card of Parminder Singh Ex. C-6.  

2        Notice of this complaint was sent to the opposite party but no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte vide order dated 3.2.2022.

3        We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.

4        The complainant has produced on record his affidavit Ex. C-1 and declared that the complainant Sohan Singh is running his business of electrician under the name and style of “Gobind Electric Store” Mohalla Jaswant Singh, Gali Malaya Wali, Tarn Taran whereby the complainant used to make heater bodies for the heaters. The complainant is running the above said business for earning his livelihood.  The opposite party i.e. “M/s G.S. Engg. Works”  is dealing in selling the electronics products of various types including Hydraulic Pipe Machines for making heater bodies. He further declared that on 23.10.2020, the complainant has purchased Hydraulic Pipe Machine i.e. Heater body maker machine, which includes two dyes for making bodies of 2000 Watts heater and for making bodies of 3000 Watts heater respectively, from the opposite party for Rs. 47,200/- vide Bill Ex. C-3 and the complainant has paid the above amount of Rs. 47,200/- to the opposite party through NEFT on dated 26.10.2020 and bank statement is Ex. C-4. The above machine was purchased to perform the ordered Job by the complainant for earning his livelihood through self employment. He also declared that when the complainant started to use the machine, he noticed that the dye for making bodies of 3000 Watts of heater does not in proper size as the plates did not get fitted in the dye. As such, the complainant has immediately, brought the above fact in to the notice of the opposite party and the opposite party had assured the complainant that he will change the above part and asked him to come to him for changing the above part. He further declared that the complainant alongwith son namely Parminder, had gone to Ferozepur and handed over the above dye to the opposite party i.e. Gagandeep Singh. The opposite party has checked the dye and admitted that it is not in good condition and further told that at present there is no availability of the said type of dye and it will be sent to the complainant within some days. As such, the complainant had returned back after leaving the above dye with the opposite party. Thereafter the complainant had made several requests to the opposite party in this regard for sending the proper dye but the opposite party has not paid any heed towards the genuine requests made by the complainant. In the month of September, 2021, the complainant contacted the opposite party and requested him to send the proper dye but the opposite party lingered on the matter. Later on lastly in November, 2021 the complainant has requested the opposite party that kindly to send the proper dye in the place of old improper dye as the complainant is suffering mentally and physically due to poor services on the part of the opposite party. The opposite party has flatly refused to give any favour to the complainant and told in very unbussiness like manner that he will not send new dye to the complainant unless he pay extra charges. He also declared that due to some manufacturing defect, the complainant could not make use of the above dye since its purchase. The complainant could not make proper use of the purchased machine for the purpose for which it was purchased and in this way the entire machine becomes unless for the complainant. As such, the complainant has been facing so many problems due to deficiencies in services provided by the opposite party. Till then, the complainant has visited the opposite party/ his office respectively for many times but none is serious to resolve the problem, to prove his version, the complainant has also tendered in evidence affidavit of Parmidner Singh as Ex. C-2 and prayed that the present complaint may be allowed.

5        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Party and opposite party did not appear in this Commission in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against them by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite party several times but the opposite party did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.             

6        In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Party. The opposite party is directed to return Rs. 47,200/- to the complainant and complainant will return the machine in question to the opposite party. The complainant has been harassed by the opposite party for a long time, therefore,  the complainant is entitled to Rs.10,000/- as compensation on account of harassment and mental agony and Rs 5,000/-as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission

18.10.2023