Punjab

Ludhiana

CC/21/419

Smt.Gurjeet Kaur - Complainant(s)

Versus

M/s Mehtab Motor - Opp.Party(s)

complaint in person

10 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 419 dated 08.09.2021.                                                        Date of decision: 10.10.2022.

 

Smt. Gurjeet Kaur wife of S. Ranjit Singh, resident of 143-E, Bhai Randhir Singh Nagar, Rajguru Nagar, Ludhiana.

                                                                                      ..…Complainant 

•  

1. M/s. Mehtab Motor & Trading Company, Main Market, Model Town, Ludhiana through its Prop/Partner.
2. Media India Pvt. Ltd., Ist Floor, Pearl Tower, Plot No.51, Institutional Area, Sector 32, Gurugram-122001 through its Director.                                                                                                       …..Opposite parties 

Complaint under Section 35 of the           Consumer Protection Act,      2019.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         None.

For OPs                          :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

 

1.                In brief, the case of the complainant is that she purchased a Toshiba REF 541L GR-ADG55 CG from the OPs vide invoice dated 26.11.2020. The refrigerator was purchased through Bajaj Finance Ltd. At the time of purchase of the fridge, the OPs gave one year guarantee and promised that if any problem would arise in the fridge, it would be replaced. After about 7 months from the date of purchase, some fault developed in the fridge and it was not cooling properly. The complainant repeatedly lodged as many as eight complaints regarding the defect in the fridge on 12.06.2021, 14.06.2021, 16.06.2021, 18.06.2021, 01.07.2021 and 08.07.2021 but every time the OPs told the complainant that the complaint would be resolved but no representative or service engineer came to the complainant for rectifying the defect in the fridge. The complainant got served a legal notice dated 16.08.2021 but despite that no action was taken by the OPs. The complainant has already made full and final payment of the fridge to the OPs. After the receipt of the notice, the OPs sent a false message to the complainant on 30.08.2021 that the service request of the product was cancelled due to estimate not approved by the customer. As a matter of fact, the complainant was never contacted nor she agreed or disagreed as conveyed in the message. This amounts to deficiency of service on the part of the OPs. in the end, it has been requested that the OPs be directed to rectify the defect in the fridge or replace the same with a new one or in the alternative the OPs be directed to refund the cost of the fridge to the complainant along with compensation and damages of Rs.1,00,000/-.

2.                Upon notice, the OPs did not turn up despite service and were proceeded against exparte vide order dated 19.12.2021 and the case was adjourned to 24.02.2022 for exparte evidence of the complainant.

3.                It is pertinent to mention that none has been appearing in this case on behalf of the complainant w.e.f. 24.02.2022  nor any evidence in the shape of affidavit has been formally tendered in evidence.

4.                In the absence of any evidence in support of the complaint, it has to be held that the complainant has failed to prove her case and the case is liable to be dismissed for want of evidence. Even from the averments made in the complaint, it is not clear as to what sort of the defect was there in the fridge which the OPs failed to rectify.

5.                As a result of above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to complainant free of costs as per rules. File be indexed and consigned to record room.      

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

Announced in Open Commission.

Dated:10.10.2022.

Gobind Ram.

Gurjeet Kaur V Mehtab Motors Media India                            CC/21/419

Present:       None for the complainant.

                   OPs exparte.

 

                   None turned up for the complainant today also. None has been appearing on behalf of the complainant since 24.02.2022.

                   Record perused. Vide separate detailed order of today, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to complainant free of costs as per rules. File be indexed and consigned to record room.         

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:10.10.2022.

Gobind Ram.