Punjab

Ludhiana

CC/22/424

Sarabjit Singh - Complainant(s)

Versus

M/s Rainbow Technologies - Opp.Party(s)

Jaswinder Singh

25 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 424 dated 03.11.2022                          

                             Date of decision: 25.01.2023  

Sarabjit Singh aged about 41 years s/o S.Surinderjit Singh r/o Plot No.4595, Street No.13, Near Daljit Coolers, Kwality Road, Shimlapuri, Ludhiana. Mobile No.78372-00267. Email:jsmathru.adv@gmail.com.                                                                                                                         ..…Complainant

                                                Versus

1.M/s Rainbow Technologies, 15-A, Basement Gurmehar Complex, Model Gram, Friends Colony, Kochar Market Road, Ludhiana, through its Prop./Authorized signatory.

2.M/s Matrix Info Systems Pvt. Ltd.,216, Bajaj House, 97, Nehru Palace, New Delhi.                                                                                                                                                                                       …..Opposite Parties

Complaint under the provisions of the Consumer Protection Act, 1986(as amended upto date).

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS.MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         In person along with Sh.Jaswinder Singh,

Advocate

For OP1                         :         Sh.Rahul Aggarwal, Proprietor in person

For OP2                         :         Sh.Gurmit Singh, authorized representative of

OP2 in person.

 

ORDER

PER JASWINDER SINGH, MEMBER

1.                           Briefly stated, the case of the complainant as alleged in the complaint is that he purchased six monitors make Matrix for a sum of Rs.3400/- each inclusive of all taxes on 23.11.2021 vide invoice No.RT/21-22/2386 and paid Rs.20,400/- in cash to the OP1. On receipt of the consignment, the complainant found one of the monitor was partly broken as the picture screen was fluctuating/flickering. According to the complainant, he repeatedly approached the OPs for removal of the defects in the monitor and even a legal notice dated 26.09.2022 was served upon them but to no avail. Owing to such act and conduct of OPs, the complainant claimed deficiency of service on the part of the OPs. Hence this complaint whereby it has been requested that the OPs be directed to replace the monitor with new one and further sought direction against OPs to pay a sum of Rs.2 lacs as compensation along with Rs.11,000/- as legal expenses.

2.                Upon notice of the complaint, Sh.Gurmit Singh Area Sales Manager has appeared on behalf of the OP2 and suffered his statement to the effect that OP2 is ready to replace the defective monitor of the computer of the complainant subject to return the defective monitor by the complainant within 10 days. Further, he has got recorded his statement that if the same model is not available, then the OP2 will provide new monitor of company i.e. Geonix Enter or Intex. At the same time, complainant has appeared in person along with his counsel and given oral consent for accepting the said offer given by the authorized representative of OP2 and prayed that complaint may kindly be disposed of accordingly.

3.                We have heard the counsel for the complainant and also considered the statement of authorized representative of OP2.

4.                The fact regarding purchase of six monitors from the OP1 on payment of consideration not disputed and further, the fact regarding one of the monitor being broken is also admitted. Since, the authorized representative of OP2 has given open offer to replace the defective monitor of the complainant, subject to return the above said defective monitor within 10 days. Further, as per his statement, if the same model is not available, then the OP2 will bound to provide new monitor of company Geonix Enter or Intex. In view of the undertaking given by the authorized representative of OP2, it will be in the fitness of things that if the complainant is directed to return the defective monitor in question to the OP2 against proper receipt within 10 days from the date of receipt of copy of this order and thereafter, OP2 will replace the same with the same model within 15 days to the complainant after receiving the defective monitor in question from the complainant and in case, the same model is not available, then OP2 will provide new monitor of company Geonix Enter or Intex as per his suffered statement recorded today itself.  

5.                           As a result of above discussion, the complaint stands disposed of with the direction to the complainant to return the defective monitor in question to the OP2 against proper receipt within 10 days from the date of receipt of copy of this order and thereafter, OP2 will replace the same with the same model within 15 days to the complainant after receiving the defective monitor in question. Further, OP2 is bound to provide new monitor of company Geonix Enter or Intex in case the same model is not available. In the peculiar circumstances of the case, no order as to compensation or litigation expenses is passed. Copies of order be supplied to parties free of costs as per rules.

6.                File be indexed and consigned to record room.

(Monika Bhagat)           (Jaswinder Singh)            (Sanjeev Batra)                        Member                     Member                         President

Announced in Open Commission                                           Dated:25.01.2023                                                                                    Gurpreet Sharma.