BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.410 of 2014

Date of Instt. 21.11.2014

Date of Decision :02.02.2015

Rajinder Kumar, aged about 69 years, Group Captain(Retired), son of Naval Kishore Sharma, R/o House No.810, Urban Estate, Phase-II, Jalandhar.

..........Complainant

Versus

1. M/s Kurlon Ltd, III Floor, North Block, 47 Dickenson Road, Bengaluru-560042, Karnataka, India, through its Managing Director/Chairman.

2. M/s Takkar Brothers, ES 100, Near V-Mart, Nakodar Road, Jalandhar-144001 through its authorized signatory/Prop./Partner/ Manager.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act, 1986.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Present: Sh.Manish Sidana Adv., counsel for complainant.

Opposite parties exparte.

Order

J.S Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 against the opposite parties on the averments that the opposite party No.2 deals with the sale of the mattresses and the opposite party No.2 is an authorized dealer of the opposite party No.1 company. The complainant approached the opposite party No.2 for the purchase of the mattresses of the opposite party No.1 company. The opposite party No.2 stated that the mattresses of the company of opposite party No.1 are best in the market and assured and promised that there is a guarantee of 5 years on the mattresses of the make of opposite party No.1 and no wear and tear and sagging would occur in the mattresses for atleast a period of 5 years and in case there would be any problem of any sort, the opposite party No.2 had assured that the mattresses would be replaced and the complainant would be provided with brand new mattresses then and there. The complainant was thus induced by the opposite party No.2 and the complainant purchased two mattresses of the make of the company of the opposite party No.1 from the opposite party No.2 vide invoice No.261 dated 24.7.2013 for total amount of Rs.7100/-. Within the period of five months from the date of purchase, the mattresses purchased from the opposite parties got sagged at various places and got uneven from various places to the shock of the complainant. The complainant informed and complained about the same to the opposite party No.2 about the wear and tear of the mattresses firstly in the month of November 2013, which were suppose to be the best in the market and had a claimed guarantee of period of 5 years. The complainant further complained to the opposite party No.2 that the opposite party No.2 has intentionally and willfully supplied the defective mattresses to the complainant. On the complaint of the complainant, the official of opposite party No.2 visited the complainant and they confirmed the complainant that the representative of the opposite parties would visit the complainant in 2-3 days and assured the complainant that the mattresses of the complainant would be replaced and the complainant would be provided a new set of mattresses soon. The period of 5 days passed but no representative of the opposite parties contacted the complainant and the complainant was left with no other option but to again contact the opposite party No.2 to redress his grievances, but the genuine requests of the complainant fell on deaf ears and the opposite party No.2 did not pay any heed to his genuine requests and kept on lingering the matter for the reasons best known to the opposite party No.2. Even after two months of the complaint of the complainant, the problem of the complainant was not resolved and the defective mattresses of the complainant were not replaced, as such, the complainant personally contacted the opposite party No.2 to redress his grievances, and then the complainant was asked by the opposite party No.2 to contact on toll free No.18004250404 of the opposite party No.1 and the complainant should get his complaint registered on his toll free number and then only the problem of the complainant would be resolved. The complainant as per the assertion of the opposite party No.2 registered his complaint on the above said toll free number and the complaint of the complainant was registered vide complaint No.TN 61813. The representative of the opposite party No.1 assured that the complaint of the complainant has been registered and the representative of the opposite party No.1 will contact the complainant within the period of 10 days and the problem of the complainant would be resolved and the defective mattresses of the complainant would be replaced with new mattresses, but even after a period of one month, no representative of opposite party No.1 visited the complainant and the problem of the complainant was not resolved at any point of time. The complainant again contacted the representative of the opposite party No.1 on the toll free number but they kept on lingering the matter for the reasons best known to the opposite parties. The complainant again contacted the opposite party No.2 in the month of April-May, 2014 for solving the problem of the complainant, then the opposite party No.2 asked the complainant to contact one Sh.Amardeep Singh on mobile No.93160-20914 and he will fix the problem of the complainant. The complainant then contacted the said Amardeep Singh, who also assured that the mattresses of the complainant would be replaced within a period of 15 days but nothing of the sort happened and the said Amardeep Singh never visited the complainant and even stopped attending the calls of the complainant, which caused grave mental stress and tension to the complainant. The complainant again contacted the opposite party No.2 who asked the complainant to contact one Rajesh on mobile No.93160-20906 and the complainant contacted the said Rajesh who also assured that the mattresses would be replaced shortly, but to no avail and the said representative of the opposite party no.1 did not contact the complainant and the defective mattresses of the complainant were not replaced by the opposite parties at any point of time. On such like averments, the complainant has prayed for directing the opposite parties to replace the defective mattresses or to refund the double amount of the price of the mattresses to him. He has also claimed compensation and litigation expenses.

2. Upon notice, opposite parties did not appeared and as such they were proceeded against exparte.

3. In support of his complaint, learned counsel for the complainant has tendered affidavit Ex.CW1/A alongwith copies of documents Ex.C1 and closed evidence.

4. We have carefully gone through the record and also heard the learned counsel for the complainant.

5. The complainant purchased the mattresses in question from opposite party No.2 vide retail invoice dated 24.7.2013 Ex.C1 for Rs.7100/-. According to the complainant, within one month from the date of purchase the mattresses got sagged and became uneven at various places and he contacted the opposite parties but to not avail and consequently he had to file the present complaint. Opposite party no.1 is manufacturer of the mattresses in question and opposite party No.2 is dealer. It is in the affidavit Ex.CW1/A of the complainant that during pendency of the present complaint, the opposite parties have replaced the defective mattresses which clearly shows that opposite parties admitted his claim that mattresses delivered to him were defective in nature. So grievance of the complainant was redressed by opposite parties only after he had filed the present complaint. So the complainant is entitled to compensation and litigation expenses.

6. In view of above discussion, the present complaint is accepted and opposite parties are directed to pay Rs.3000/- to the complainant in lump sum on account of compensation and litigation expenses. The liability of both the opposite parties shall be joint and several. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Jyotsna Thatai Jaspal Singh Bhatia

02.02.2015 Member President