Punjab

Ludhiana

CC/15/473

Rahul Garg - Complainant(s)

Versus

M/s Prem Mega Retails - Opp.Party(s)

compl.in person

17 Nov 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. 473 of 07.08.2015

Date of Decision            :   17.11.2015 

Rahul Garg aged about 19 years s/o Sh.Jiwan Garg, resident of House No.4359, Durga Puri, Haibowal Kalan, Ludhiana.

….. Complainant

Versus

1.M/s. Prem Mega Retails, Main Hambran Road, Kitchlu Nagar, Ludhiana through its Proprietor.

 

2.M/s.Bajaj Electricals Ltd., 45-47, Veer Nariman Road, Mumbai.

…Opposite parties

                   

                    (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

SH.SAT PAUL GARG, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant                      :         In person

For OPs                         :         Ex-parte

 

PER SAT PAUL GARG, MEMBER

 

1.                          Complainant Sh.Rahul Garg filed complaint under Section 12 of the Consumer Protection Act, 1986(hereinafter as referred as the ‘Act’) against the OPs, by alleging that he purchased one cooler from OP1 on 22.4.2015. Complainant claimed that he forgot to receive bill from the OP1, but after a few days, when he approached OP1, then he refused to issue the bill. Even request for issue of duplicate bill was turned down by OP1. This cooler on 2.5.2015 at about 1:30 A.M, suddenly caught fire from inside without any other mechanical fault at the plug points. Before complainant could manage  to extinguish the fire, the cooler stood completely destroyed. However, pads of the cooler remained good to some extent because there was continuous supply of water in it. Despite request to Ops, they did not give any satisfactory reply. Request for replacing the cooler or return of the sale consideration amount even remained un-heeded to. Complainant claimed that he is entitled to Rs.80,000/- on account of deficiency in service on the part of Ops. This amount also claimed for suffering mental, physical pain and agony.

2.                Notice of the complaint was issued to the Ops, but none appeared and as such, they were proceeded against ex-parte vide order dated 29.9.2015.

3.                In ex-parte evidence, complainant tendered his affidavit Ex.CA along with documents Ex.C1 to Ex.C6 and thereafter, closed the evidence.

4.                          Written arguments were not submitted by the complainant, but only oral arguments addressed and were heard. Records gone through minutely. 

5.                Bill has not been produced by the complainant because Ops refused to issue the bill is a fact established by ex-parte evidence of complainant through affidavit Ex.CA. The purchased cooler caught fire within 20 days of its purchase and as such certainly ex-parte evidence is believable that the damage to the purchased cooler took place due to some fault at the plug points. Ex.C1 & Ex.C2 are the documents produced to show that intimation qua damage to the cooler was given to Ops on 25.6.2015 through registered post. Copy of the postal receipts Ex.C3 in that respect has also been produced. As Ops failed to redress the grievance of complainant by repairing the cooler even and as such, there is deficiency in service on the part of Ops.

6.                Manufacturing defect in the cooler is not proved to the hilt because report of the mechanical engineer has not been produced. However, damage to the cooler caused within 20 days of its purchase. Problem arose due to short circuit or such like cause and as such complaint deserves to be allowed to the extent of issue of direction to Ops to repair the cooler. None has come to contest and as such, compensation of Rs.2000/- will be sufficient, particularly when the manufacturing defect is not proved by leading cogent and convincing evidence.

7.                Therefore, as a sequel of the above discussion, the present complaint ex-parte is allowed in terms that Ops will repair the cooler in question within 30 days from the date of receipt of copies of the order. Compensation of Rs.2000/- and litigation expenses of Rs.1000/- allowed in favour of the complainant and against the Ops. Payment of compensation and litigation costs be made within 30 days from the date of receipt of copies of the order. Copies of this order be made available to the parties free of cost as per rules.

8.                File be indexed and consigned to record room.

         

                                      (Sat Paul Garg)                            (G.K.Dhir)

                                   Member                                            President

 

Announced in Open Forum                                         

Dated:17.11.2015

Gurpreet Sharma.