District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.290/2021.

 Date of Institution: 03.06.2021.

Date of Order: 01.06.2022.

Ramesh Goel, Advocate, Resident of House No. 1462, Sector-7E, Faridabad, District Faridabad. Aadhar card No. 7044 2650 9838, mobile No. 9911020035.

                                                                   …….Complainant……..

                                                Versus

1.                M/s. Jaquar & Company Limited, Jaquar Group, Plot No.3, Sector-11, I.M.T. National Capital Region, Manesar, Gurugram – 122050, through its Director Rajesh Mehra.

2.                 M/s. Gupta Sales Corporation, Opp. House No. 31, Sector-15A, Faridabad, District Faridabad, through its proprietor.

                                                                   …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

PRESENT:                   Sh Anuj Dubey ,  counsel for the complainant.

                             Opposite party No.1 ex-parte vide order dated 24.03.2022.

                             Sh.  Ankur Gosain,  counsel for opposite party No.2.

ORDER:  

                    The facts in brief of the complaint are that  the complainant  three pieces of  Divider Body from opposite party No.2 on 05.06.2015 worth Rs.8700/- duly manufactured by opposite party No.1.  The complainant purchased Tall Body (faucets) from opposite party No.2 on 08.11.2015 worth Rs,.3870/- duly manufactured by opposite party No.1.  At the time of selling the above noted goods, opposite  party No.2 issued warranty certificate bearing No.444 dated 05.06.2015 and 357 dated 08.11.2015 under the warranty of 10 years of the above said items.  After installing the above said bathroom fittings, the complainant started to use the same.  Suddenly the above said tall body became cracked/broken in the month of April 2021 and for which the complainant informed the opposite parties and made complaint bearing No. 00490426 dated 24.04.2021.  Thereafter the representative of the opposite parties visited over the premises of the complainant, who checked the defective bathroom fittings on 26.04.2021 and removed the same and at that time he fully assured to get exchange the defective/damaged bathroom fittings mentioned above, as early as possible.  But when no one visited at the house of the complainant, then he sent email and messages to both the opposite parties on 01.05.2021 but it was the opposite parties, who did not give any response to the complainant to till date.The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                get exchange all defective bathroom fittings installed over the premises of the complainant i.e. House No. 1462, Sector-7E, Faridabad, with others one immediately without further delay in any manner whatsoever.

 b)                pay Rs. 50,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs.11,000/- -as litigation expenses .

2.                Registered notice  sent to opposite party No.1 on 04.02.2022 not received back served or unserved.  Case called several times since morning.  But none appeared on behalf of opposite party No.1.  More than one month had elapsed.  Therefore, opposite party No.1 was proceeded against ex-parte vide order dated 24.03.2022.

3.                Opposite party No.2  put in appearance through counsel and filed written statement wherein Opposite party No.2 refuted claim of the complainant and submitted that   the complainant had neither any cause of action nor locus standi to file the present complaint.   The  alleged faucet had been manufactured by opposite party No.1 and opposite party No.2 was only a retailer, and answering opposite party was not responsible for any warranty or guarantee as the same was sole responsibility of opposite party No.1. Opposite party No.2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

4.                The parties led evidence in support of their respective versions.

5.                We have heard learned counsel for the parties and have gone through the record on the file.

6.                In this case the complaint was filed by the complainant against opposite parties Jaquar & Company Limited & Anr.  with the prayer to : a)  get exchange all defective bathroom fittings installed over the premises of the complainant i.e. House No. 1462, Sector-7E, Faridabad, with others one immediately without further delay in any manner whatsoever. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment . c)  pay Rs.11,000/- -as litigation expenses .

                   To establish his case the complainant has led in his evidence    Ex.CW1/A – affidavit of Ramesh Goel,, Ex.C-1 & 2– Warranty certificates, Ex.C-3 – Retail invoice, Ex.C-4 – Service job card.

                    On the other hand counsel for the opposite party  No.2 strongly agitated and opposed.  As per the evidence of the opposite party  No.2, Ex. RW2/A – affidavit of Shri Manorama Gupta, Proprietor of M/s. Gupta Sales Corporation, Opposite House No. 31, Sector-15A, Faridabad.

7.                          It is evident from Ex. C1  the complainant purchased  three pieces of  Divider Body from opposite party No.2 on 05.06.2015 worth Rs.8700/- duly manufactured by opposite party No.1.  The complainant purchased Tall Body (faucets) from opposite party No.2 on 08.11.2015 worth Rs,.3870/- duly manufactured by opposite party No.1 vide Ex.C-2.  At the time of selling the above noted goods, opposite  party No.2 issued warranty certificate bearing No.444 dated 05.06.2015 and 357 dated 08.11.2015 under the warranty of 10 years of the above said items.   After installing the above said bathroom fittings, the complainant started to use the same.  Suddenly the above said tall body became cracked/broken in the month of April 2021 and for which the complainant informed the opposite parties and made complaint bearing No. 00490426 dated 24.04.2021.  But  no one visited at the house of the complainant.

8.                On the other hand, counsel for opposite party No.2 has orally stated that they will replace the faucets and also requested that the cost  may not be imposed upon  him

9.                There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party No.1 has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted.

10.              After going through the evidence led by the parties, the Commission is of the opinion that Opposite party No.2 is the franchise of opposite party No.1 i.e Jaquar & Company Limited.   Hence, the complaint is allowed.

11.                Opposite party No.2 is directed to pay first to the  complainant amounting to Rs.12570/- (Rs.8700/- plus Rs.3870/-) and after that opposite party No.2  is at liberty to recover the said amount from the manufacturer i.e  opposite party No.1 . There are no order as to costs.  Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.

Announced on: 01.06.2022                                  (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.