Haryana

Panchkula

CC/16/2015

SUDESH KAUSHIK. - Complainant(s)

Versus

M/S NEW AGE CORPORATION. - Opp.Party(s)

COMPLAINANT IN PERSON.

24 Jul 2015

ORDER

BEFORE  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.

                                                                  

Consumer Complaint No	:	16 of 2015
Date of Institution	:	20.01.2015
Date of Decision	:	24.07.2015

                                 

                                                    

Sudesh Kaushik W/o Shri Kanwar Pal Kaushik, resident of House No. 2320, Sector-15, Panchkula.

 

                                                                                 ….Complainant

Versus

1. M/s New Age Corporation C/o Safe Express Pvt. Ltd, C/o Safexpress Pvt. Ltd., Plot No. 971/1, Old Gurgaon Road, Kapashera, 110037.
2. North India Co. (N.I.T.C.) Pvt. Ltd., A corn Warehouse’s & Logistics Park, Block 3, 38, Village Kapriwas & Malpura, Taliq-Dharuhera, District Rewari-123106.
3. M/s Home Shop-18, Building No. 47, Darya Ganj, New Delhi. (given up)
4. M/s TV18 Home Shopping Network Limited, 7^th Floor, FC-24, Sector-16 A, Film City, Noida-201301, Uttar Pradesh, India.

                                                                                …. Opposite parties

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

 

Quorum:               Mr.Dharam Pal, President.

Mrs. Anita Kapoor, Member.

                            

For the Parties:     Complainant in person.

Ops  no. 1,2 & 4 are already exparte.

OP no. 3 already given up.

ORDER

(Dharam Pal, President)

1. The complainant-Sudesh Kaushik has filed this complaint against the OPs with the averments that after seeing the advertisement of Electric Tandoor on the T.V. Channel of OP no. 4, the complainant purchased an In-Pro Electric Tandoor telephonically from OP no. 4

vide CST/TIN No. 7150396004, Invoice No. RL-95831, (Annexure C-3) dated 23.04.2014 for an amount of Rs. 2999/- with the warranty of one year which was received to the complainant on 26.04.2014. After opening the packing of Tandoor, the complainant was shocked to see that the abovesaid Tandoor was defected and broken.  On 26.04.2014, the complainant made a complaint telephonically  on the customer care number of OP no. 4 and the concerned official advised the complainant to deliver the said defected Tandoor to the office of OP no. 2. The complainant sent the said Tandoor to OP no. 2 through registered post (Annexure C-1) but the Tandoor was received back by the complainant un-repaired on 10.05.2014 and the Postman told the complainant that the OP no. 2 refused to accept the same.  The complainant again called on the customer care number of OP no. 4 and the concerned official advised the complainant to send the defected Tandoor to the office of OP no. 3.  The complainant sent the defected Tandoor to the office of OP no. 3 by Courier (Annexure C-2) on 30.04.2014.  On 06.05.2014, the complainant received a telephonic message from the Courier office to take the delivery of Tandoor from their office as the official of OP no. 3 refused to take the delivery of the defective Tandoor.  The complainant again called on 19.06.2014 on the customer care of OP no. 4 and the concerned official told the complainant that they were sending a person from their office who would collect the defected tandoor and would give a new tandoor to the complainant.  On 24.06.2014, a person visited the house of the complainant and gave a new tandoor to her, but the said person demanded the full amount of Rs. 2999/-.  The complainant refused to give the amount and the said person returned alongwith tandoor.  The complainant again told on the customer care number of OP no. 4 who gave 72 hours time to the complainant to solve her problem.  After passing 72 hours, the complainant again gave 72 hours time to the complainant to solve her problem but to no avail.   This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.

2. Notice was issued to the OP no. 1 through registered post  and the same has not been received  served or unserved. It is deemed to be served and the OP no. 1 was proceeded against ex-parte vide order dated 04.06.2015. 
3. Notice was issued to the OP no. 2 through registered post  and the same has not been received served or unserved. It is deemed to be served and the OP no. 2 was proceeded against ex-parte vide order dated 17.04.2015.
4. OP no. 3 was given up by the complainant from the array of the parties on 27.04.2015. 
5. Notice was issued to the OP no. 4 through registered post  and the same has not been received  served or unserved. It is deemed to be served and the OP no. 4 was proceeded against ex-parte vide order dated 17.04.2015.
6. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith document Annexure C-1 to C-3 and closed the evidence.
7. We have heard complainant appearing in person and have also perused the record.
8. It is admitted that the complainant purchased an In-Pro Electric Tandoor from OP no. 4 vide CST/TIN No. 7150396004, Invoice No. RL-95831, (Annexure C-3) dated 23.04.2014 for an amount of Rs. 2999/- with the warranty of one year but the said Tandoor was defective and broken.  The complainant has submitted that on 26.04.2014, the complainant made a complaint telephonically  on the customer care number of OP no. 4 and the concerned official advised the complainant to deliver the said defected Tandoor to the office of OP no. 2. The complainant sent the said Tandoor to OP no. 2 through registered post (Annexure C-1) but the complainant received the un-repaired Tandoor on 10.05.2014.  The complainant again called on the customer care number of OP no. 4 and the concerned official advised the complainant to send the defected Tandoor to the office of OP no. 3 which was sent through Courier (Annexure C-2) but the official of OP no. 3 refused to take the delivery of the defective Tandoor.  The complainant again called on 19.06.2014 on the customer care of OP no. 4 and the concerned official told that they were sending a new tandoor through a person of their office who would also collect the defected tandoor but the said person demanded the full amount of Rs. 2999/- for a new tandoor.  The complainant refused to give the amount. The complainant again told on the customer care number of OP no. 4 who gave 72 hours time to the complainant to solve her problem but to no avail. The complainant has also filed her duly sworn affidavit (Annexure C-A).
9. Moreover, the OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against them. The non-appearance of the OPs despite notice show that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same are accepted as correct and deficiency in service on the part of the Ops  is proved.
10. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Ops are directed as under:-

1.     To refund the amount of Rs. 2999/- to the complainant alongwith 9% per annum interest from the date of receipt till realization.  

(ii)     To pay for courier charges (Rs. 297+300) = 597/- spent by the complainant to send the Tandoor to the Ops.

(iii)    To pay an amount of Rs. 7000/- as compensation for mental agony, harassment and cost of litigation.

Let the order be complied with within the period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

ANNOUNCED

24.07.2015                     ANITA KAPOOR                       DHARAM PAL

                                                     MEMBER                         PRESIDENT

Note: Each and every page of this order has been duly signed by me.

 

 

                                                                   DHARAM PAL

                                                                    PRESIDENT