Haryana

Ambala

CC/430/2022

DEEP CHAND. - Complainant(s)

Versus

M/S GUPTA TILES & SANITARY . - Opp.Party(s)

MANU RASTOGI

03 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	430 of 2022
Date of Institution	:	25.11.2022
Date of decision	:	03.10.2023

 

Deep Chand S/o Sh. Tej Ram, R/o Village Gobindpur, P.O Dhanana, Via Jatwar, Tehsil Naraingarh, District Ambala-134201.

          ……. Complainant.

                                                Versus

1. M/s Gupta Tiles and Sanitary Through its Prop. Sh. Ram Avtar Gupta, Opp. PWD Colony, Shahzadpur-134202, Ambala
2. Jaguar Group Through its Managing Director, Plot No.3, Sector-11, IMT Manesar, Gurugram, NCR-122050, Haryana

….…. Opposite Parties

Before:       Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.           

 

Present:       Shri Manu Rastogi, Advocate, Legal Aid Counsel for the Complainant

                   OPs already ex parte.                    

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the amount spent by the complainant i.e. Rs.6,654/-.
2. To pay Rs.10,000/- for causing harassment, humiliation, torture and mental agony to the complainant;
3. To pay Rs.7,500/- as litigation expenses.
4. To pay interest @12% per annum on the abovesaid amount from the date of dispute till the date of actual payment.

 

2.             Brief facts of the case are that the complainant got installed various jaguar internal fittings for his bathroom and also got installed the three in one diverter internal fitting in his bathroom. After completion of the tiles work etc., the complainant was to get installed the outer fittings of the said divertor. For the purchase of the said divertor, the complainant contacted OP No.1 i.e. the nearest dealer/shopkeeper of the area and told it to give upper part of three in one  diverter, but OP No.1 knowingly delivered upper part of two  in one diverter. The complainant innocently took away the same vide Invoice No. 415 dated 05.09.2022 on making payment of Rs.2154/- and when the plumber tried to install the same, it could not be fitted in the knob of the internal unit of three in one diverter. The complainant alongwith with the plumber contacted OP No.1 in the matter and apprised him about the problem, but OP No.1 told the complainant to contact the toll-free number of OP No.2. The complainant accordingly called OP No.2 on Toll-free No. 1800-121-6808 and got registered his grievance in the matter against complaint No. 01151531. The representative of OP No.2 Sh. Vikas Saini having Mobile No. 88139-04356 visited the house of the complainant on 10.09.2022 and checked the things and tried to install the same divertor and told that the upper part supplied by OP No.1 is that of two in one diverter and not three in one diverter and advised to get it replaced with the correct handle from the OP No.1. The complainant alongwith the said representative of the company visited OP No.1 in the matter on the same day i.e. 10.09.2022 with the request to replace the same, as it was a wrong item delivered but OP No.1 flatly refused to help in the matter and told the complainant that the said upper part of three in one diverter is not available and the same can be supplied after three-four days only on order and for that the complainant has to pay for the same and the earlier purchased upper part will not be replaced as it has got some marks on it, while trying to fit the same. The complainant paid a sum of Rs.1000/- to the plumber for his labour work to fit the said wrong part given by OP No.1, upon payment of Rs. 2,154/- which could not be fitted and then again Rs. 2500/- for purchase of the correct part from the market and Rs.1000/- to plumber again to fit the correct part and in this manner the complainant suffered financial loss of Rs.6,654/- followed by mental harassment and agony. Hence this complaint.
3.           Upon notice, none appeared on behalf of the OPs before this Commission, therefore, they were proceeded against ex-parte vide order dated 24.01.2023.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 and C-6 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant has submitted that by supplying the wrong diverter part and by neither replacing the same nor refunding the price thereof, the OPs have committed deficiency in providing service. 
7.           It may be stated here that in order to prove his case, the complainant has placed on record the tax invoice dated 05.09.2022, Annexure C-1, which reveals that he paid an amount of Rs.2154/- to the OP No.1 for purchase of one divertor (Upper Part Jaguar).   He has also placed on record copy of the legal notice dated 25.09.2022, Annexure C-2 having been served upon the parties, through registered post, with a request to replace the said divertor part. However, there is nothing on record that the grievance of the complainant had been redressed by the OPs, after receiving the said legal notice. It is significant to mention here that, as stated above, notice of this complaint was sent to OPs seeking their version, yet, nobody appeared on their behalf, despite service,  as a result whereof, they were proceeded against exparte vide order dated 24.01.2023. The non-appearance of OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted. Thus, act of the OPs by neither replacing the diverter in question nor refunding the price thereof to the complainant, amounts to deficiency in providing service, which has definitely caused a lot of mental agony and harassment, including financial loss to the complainant.
8.           In view of the aforesaid discussion, we hereby allow the present complaint and OPs jointly and severally are directed in the following manner:-
   1. To refund the amount of Rs.2,154/- to the complainant alongwith interest @6% p.a. from 05.09.2022, (the date of purchase) onwards.
   2. To pay lumpsum compensation as well as cost of litigation to the tune of Rs.3,000/- to the complainant.

 

     The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 03.10.2023

                                                                                               

Member	(Ruby Sharma)                        (Neena Sandhu)                                                                    President