District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.242/2022.
Date of Institution: 05.05.2022.
Date of Order: 20.12.2022.
Kanchan Kumar aged about 41 years son of late Shri Kishan Chand R/o MCF B-97, Bhagat Singh colony, Ballabgarh, District Faridabad
…….Complainant……..
Versus
M/s. Reliance Retail Limited, Crown Interior Mall, 12/7, Sector-35, 21 KM Stone, N.H.2, Near Sarai Khawaja, Mathura Road, Faridabad. Through its authorized representative : Nirmal Nair, Reliance Digital Team. …Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Complainant in person.
Opposite party ex-parte vide order dated 13.10.2022,
ORDER:
The facts in brief of the complaint are that the opposie party shown a washing machine “LLOYD LWMT*0 TS and assured that the said washing machine was without any defect and would give better to best services. The opposite party disclosed the value of the same rs.25,622/-. The complainant came under the allurement of the opposite party and had purchased the same on 10.03.2019. the complainant had paid an amount of Rs.3000/- and the remaining amount was paid in installments. The complainant had paid the remaining entire amount of Rs.22,665/- through bank transaction in installments and now there remains no balance was to be paid by the complainant to the opposite party. The opposite party had given external warranty for the period of three years as well as warranty for 2 years from the company. On 24.10.2021 the complainant made a complaint through mobile phone to the opposite party and disclosed the fact that the said machine stopped functioning properly and thereafter one representative from the opposite party side visited the next day and inspected the machine. He went back after assuring that he would remove the defect by visiting again to the house of the complainant. However, the complainant had come to know that he reported to the opposite party service completed. However, it was totally a false assurance as the said representative did not turn up for a month together alongwith the requisite part. Since the complainant was very much harassed and was facing acute problem for washing the clothes and all the hopes were dashed nto ground as the clothes were being washed by hands only. So the complainant again made complaint. The representative from the opposite party side visited and disclosed that the machine would had to be taken to the shop and requisite defect would be removed. By the end of December 2021 the opposite party delivered the said machine and assured that they had removed the defect and now onwards there would not be any problem. However, to the utter surprise of the complaint the machine was showing the same code and it did not work properly. So, the complainant again made the complaint to the opposite party and likewise the representative used to visit and had been giving false assurance to the complainant. The representative always use to give his remarks completed, which was total a false information. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) pay an amount of Rs. 25,622/- cost of washing machine detailed above, in the alternative to supply new fresh washing machine.
b) pay Rs.1,50,000/- as compensation for causing mental agony and harassment .
2. Notice issued to opposite party received back duly served. Case called since morning but none appeared on behalf of opposite party. No more wait was justified. Hence, opposite party was hereby proceeded against ex-parte vide order dated 13.10.2022.
3. The complainant led evidence in support of his respective version.
4 We have heard complainant in person and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party – Reliance Retail Limited with the prayer to: a) pay an amount of Rs. 25,622/- cost of washing machine detailed above, in the alternative to supply new fresh washing machine. b) pay Rs.1,50,000/- as compensation for causing mental agony and harassment .
To establish his case, the complainant has led in his evidence Ex.CW1/A – affidavit of Kanchan Kumar, Ex.C-1 – Bill, Ex.C-2 – email, Ex.C-3 – email dated 19.4.2022.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed.
7. Opposite party is directed to replace the washing machine in question of the same model, subject to charge of 10% payment of the invoice amount. The complainant is also directed to hand over the old washing machine in question to the opposite party after receipt of the copy of the order. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 20.12.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
