BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI

                                  Consumer Complaint No.  61 of 2015

                                 Date of institution:          12.02.2015

                                                  Date of Decision:            27.05.2015       

Smt. Paramjit Kaur wife of Mohanjit Singh resident of House No.256, Phase-XI, Sector 65, SAS Nagar, Mohali, Punjab.

    ……..Complainant

                                        Versus

1.    M/s. Home Shop 18, Chandigarh. C/o Treasure Retail Pvt. Ltd., Wonderchef Home Appliances Pvt. Ltd. Shri Arihant Complex, Building No.K-11, Gala No.12 to 16, Kalher, Bhiwandi, Maharashtra, Thane 421302.

………. Opposite Party

Complaint under Section 12 of the

Consumer Protection Act, 1986.

CORAM

Mrs. Madhu. P. Singh, President.

Mrs. R.K. Aulakh, Member.

Present:    Complainant in person.

Opposite Party ex-parte.

(Mrs. Madhu P. Singh, President)

ORDER

                The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 for issuance of following directions to the Opposite Party (for short ‘the OP’) to:

(a)    refund her Rs.999/- the cost of the PAN.

(b)    pay her compensation for harassment and mental agony.

                The complainant has pleaded in the complaint that she purchased from the OP Milk Pan of Wonderchef Milk Pan Product Code No.32923751 Seller SKU Code T20112014 WMP Quantity-1 for a sum of Rs.999/-. The product was delivered to the complainant through courier by the Ops at her address.  The product is used for boiling milk and automatically blow whistle when the milk is boiled. On the first day of its use, the complainant noticed that lower part of the PAN has changed to black colour; whistle of the PAN was not blowing and the milk started overflowing and the PAN does not give any indication on boiling of milk.  The complainant called the OP number of times and also sent registered letter Ex.C-2 but it did not bother to her calls forcing the complainant to file the present complaint.   

2.             Notices sent to the OP through post. As per the report of India post, the notice was delivered to the OP on 21.03.2015.  However, none appeared for it and was thus proceeded against ex-parte vide order dated 24.03.2015.

3.             Evidence of the complainant consists of her affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-4.

4.             In view of the decision of Hon’ble Uttrakhand State Consumer Disputes Redressal Commission in case titled as Consoritum Securities Pvt. Ltd. & Ors. Vs. Smt. Anjana Tyagi,  2013(3) CLT 570 by relying upon the judgment of Hon’ble National Commission in case titled as  Mathura Mahto Mistry Vs. Bindeshwar Jha (Dr.) & another,   2008 (I) CLT 566,  the OP was given three opportunities to rebut the evidence of the complainant.  However, none appeared for it to rebut the evidence.

5.             We have heard the complainant and gone through the case file.

6.             The purchase of the milk Pan vide Ex.C-1 is not disputed as the product has been purchased by the complainant by making payment of Rs.999/- at the time of delivery. Upon usage the product was found to be faulty and the lower part of the Pan changed into black colour. Further as per instructions upon boiling the milk, the Pan was to give automatic whistle. The same was not done upon usage and further the product was not functioning well as there was no indication of boiling of the milk while the Pan is put into use. The complainant raised her concern with the OP on telephone as well as by registered letter Ex.C-2. Instead of looking the grievance of the complainant the OP kept mum. Even during the course of proceedings despite proper service the OP has not cared to give any response to the complaint. The complainant has preserved the defective product and shown the same in Forum during the course of evidence. As per decision of the Hon’ble Kerala State Consumer Disputes Redressal Commission in K.D. Ajay Khosh Vs. M/s. Alliance Habitat, CLT 2013 (2) 389 deliberate omission to give reply by the OP in the proceedings before the Forum amounts to admission on its part.

7.             The complaint is, therefore, allowed with the following direction to the OP to:

(a)    refund to the complainant Rs.999/- (Rs. Nine hundred ninety nine only) being the price of the Pan with interest thereon @ 9% per annum w.e.f. 04.12.2014 till actual payment.

(b)    to pay her lump sum compensation of Rs.2,000/- (Rs. Two thousand only) for mental agony, harassment and costs of litigation.

                Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

May 27, 2015.     

                                                                       (Mrs. Madhu P. Singh)

                                                                        President

(Mrs. R.K. Aulakh)

Member