Chandigarh

DF-II

CC/275/2020

Lavna Arora - Complainant(s)

Versus

M/s Genuine Car Accessories - Opp.Party(s)

Adv. Varinder Arora

03 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	275/2020
Date of Institution	:	20.07.2020
Date of Decision	:	03.06.2024

 

                                       

                       

Lavna Arora @ Lavna Sachdeva Arora, Advocate, House No.3456, Sector 35-D, Chandigarh.

….Complainant 

Versus

1.     M/s Genuine Car Accessories, Through its Owner/ Partner/ Authorized Representative Sh. Karan Gandhi @ Raj Karan Gandhi (Mobile No.9317777708), Shop no. 56, Model Town Extn. Market. Behind Gurudwara Singh Sabha Model Town Extn.. Ludhiana (Punjab), Pin Code 141002.

        Email ID: genuinecarsldh@gmail.com

2.     Sh. Karan Gandhi @ Raj Karan Gandhi, Owner/ Partner/ Authorized Representative of M/s Genuine Car Accessories, Shop no 56. Model Town Extn. Market, Behind Gurudwara Singh Sabha Model Town Extn., Ludhiana (Punjab), Pin Code 141002.

3.     Birson Industrial Corpn., through its Owner/ Partner/ Authorized Representative Sh.K.S.Gandhi (Mobile No.9313267900) and Sh. Karan Gandhi, Shop No. 190, Cycle Shopping Centre. Gill Road, Millerganj, Ludhiana (Pb.)-141003.

4.     Sh. K.S. Gandhi and Sh. Karan Gandhi, Owners/ Partners/ Authorized Representatives of Birson Industrial Corpn., Shop No.190, Cycle Shopping Centre, Gill Road, Millerganj, Ludhiana (Pb.)-141003.

…. Opposite Parties

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
PRESENT:-
	Sh.Ashish Parvinder, Adv. Proxy for Sh.Varinder Arora, Counsel for complainant OPs exparte.

       

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.), LLM, PRESIDENT

1.         The complainant has filed the present complaint alleging therein that she is the owner of cars bearing registration No.CH01BA-3456 Make Toyota Altis Model-2014 and car bearing registration No.CHO1BX-3456 Make Hyundai 1-20, Model-2020. She purchased Two Designs Led Fog Lights with inbuilt DRL make Volmax for her Toyota Altis Car and additional Rear Pillar Brake Lights for her car make Hyundai i-20. At the time of its purchase, they OPs conveyed the complainant that both the accessories were plugged and play basis i.e. there was no requirement for cutting/ pilling of any wire in order to install the same in the vehicles. The matter was discussed with the OPs on whatsapp and instagram chat from Mobile number of the complainant's husband. She purchased Two Designs Led Fog Lights with inbuilt DRL make Volmax for Toyota Altis Car for Rs.4,700/- including shipping  and the payment was transferred in the Account No.336701501952 maintained with ICICI Bank in the name of Raj Karan Gandhi on 20.12.2019.  The said accessories were received and on 21.12.2019, they whatsapped the receipt through courier was sent to the complainant at her Chandigarh Address by charging Rs.200/- for the courier charges, whereas Rs.100/- was mentioned as courier charges in the receipt. Subsequently she purchased pillar lights for car make i-20 worth Rs.3,000/- by transferring the amount on the assurance that there was requirement of cutting the wire for the installation of the said lights as the car was brand new. The OPs confirmed the same by sending the whatapps screen short chat (Annexure C-5).  Upon receipt, it was found that the lights are not even compatible to the vehicle and it seems that the lights have been sent of the previous model and the wiring was also not according to the commitment so discussed. Upon receiving both the items, the complainant immediately agitated the matter with the OPs on whatsapp and on instagram page but to no effect.  The OPs did not take any effort to change the lights and to refund the price thereof. Finally, the complainant served a legal notice dated 26.01.2020 upon the OPs but the same also failed to yield any result.       Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to refund the cost of Rs.7700/-  i.e. cost of the incompatible products and shipping/courier charges along with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.         Despite due service, the OPs did not appear and, therefore, they were ordered to be proceeded against exparte.
3.         The complainant filed her affidavit and documents in support of the case.
4.         We have heard the Counsel for the complainant and have gone through the documents on record.
5.         The complainant has filed her detailed affidavit along with the supporting documents reiterating the averments as made in the complaint. It is observed from the documents on record that the OPs have sold incompatible Two Designs Led Fog Lights with inbuilt DRL make Volmax for Toyota Altis Car and additional Rear Pillar Brake Lights for Hyundai i-20, worth Rs.7,700/- including shipping charges of Rs.200/-. The OPs have neither replaced the products nor refunded its price despite the repeated requests of the complainant and service of the legal notice dated 26.01.2020.
6.         Pertinently, the OPs chose not to appear before this Commission.  Therefore, in the absence of any rebuttal from the side of the OPs, the version of the complainant, supported by her duly sworn affidavit, must prevail.  Failure on the part of the OPs to replace the products and refund the price thereof to the complainant amounts to deficiency in service as also adoption of unfair trade practice on their part and as such the complaint deserves to be allowed. 
7.         In view of the above discussion, the present complaint is partly allowed. The OPs are directed to refund Rs.7700/- to the complainant along with interest @ 9% p.a. from 20.12.2019 till the date of its actual payment to the complainant.
8.         This order be complied with by the OP, within 90 days from the date of receipt of its certified copy.
9.         The pending application(s) if any, stands disposed of accordingly.
10.         Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 03.06.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/-
	(B.M.SHARMA) MEMBER