Punjab

Ludhiana

CC/20/1

Trannum Fatma - Complainant(s)

Versus

M/s Roma International Pvt.Ltd - Opp.Party(s)

Gurbachan Singh Adv.

22 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 01 dated 01.01.2020.

                                                Date of decision: 22.12.2022. 

 

Trannum Fatma wife of Syed Raza Hussain, resident of H. No.23/33, Bhaura Colony-B, Jalandhar Byepass Chowk, Tehsil and District Ludhiana.                                                                                                         ..…Complainant

                                                Versus

M/s. Roma International Pvt. Ltd., A-43, Wazirpur Industrial Area, Delhi through its Managing Director.                                                                                                                                                                …..Opposite party 

Complaint Under Section 12 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Manish Midha Advocate.

For OP                           :         Exparte.

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that the complainant purchased massage chair in an Exhibition organized by opposite party company at Silver Arc Mall, Ludhiana on the assurance of one Sumit Kumar, representative/sales man of that company. The product was having one year service  warranty with premium delivery and free setup functional installation. The retail invoice No.RI/025 dated 08.09.2016 (Ex. C5) was issued after receipt of payment of Rs.2,80,000/-. The representative of the company failed to install the product as agreed upon. The complainant approached opposite party company telephonically but none came to install the chair and it remained uninstalled non-functional. The complainant not only suffered loss of Rs.2,80,000/- but also suffered mental agony and harassment at the hands of opposite party. The complainant issued a legal notice dated 06.08.2018 (Ex. C1) calling upon the opposite party to make the chair operational within a period of notice or in the alternatively refund the price along with damages. In response to the legal notice, the representative of the opposite party inspected the chair but he failed to make it operational due to mechanical defect. However, after repeated requests made by the complainant, the opposite party sent a letter dated 14.11.2018 stating that on visit of their representative at the home of the complainant for repair of the product, it was not working even after change of the main board and supply board. Its mechanical part was not working and also assured to resolve the issue within next 10 working days or promised for replacement of the product. The complainant again sent a legal notice dated 09.10.2019 but despite service of said legal notice, the issue remained unresolved. According to the complainant, she has suffered a huge loss of Rs.2,80,000/- and also suffered mental tension and agony for which the complainant is entitled to Rs.1,00,000/- and litigation expenses of Rs.30,000/-. Hence the present complaint whereby the complainant has sought direction to the opposite party to replace the product as assured in their letter dated 14.11.2018 or to make the chair operational or in the alternative to make the payment of Rs.2,80,000/- along with compensation of Rs.1,00,000/- and litigation expenses of Rs.30,000/-.      

2.                Notice was sent to opposite party through registered post on 09.09.2022 but the same was not received back either served or unserved even after elapse of period of 30 days. As such, the opposite party was proceeded against exparte vide order dated 03.11.2022.

3.                In evidence, the complainant tendered her affidavit as Ex. CA and reiterated the averments made in the complaint. The complainant also placed on record the documents Ex. C1 legal notice dated 06.08.2018, Ex. C2 is the postal receipt, Ex. C3 is the legal notice dated 09.10.2019, Ex. C4 is the postal receipt, Ex. C5 is the retail invoice, Ex. C6 is letter dated 14.11.2018 of the opposite party and closed the evidence.

4.                We have heard the arguments of the counsel for complainant and also gone through the complaint, affidavit and annexed documents produced on record by the complainant.       

5.                Indisputably, the complainant purchased the product on the assurance and representation of the salesman of the opposite party in an exhibition held at Silver Arc Mall, Ludhiana vide invoice No.RI/025 dated 08.09.2016 (Ex. C5). An express warranty was also given at the time of purchase. The case of the complainant is that the product remained non-functional since its purchase due to its non-installation and this fact was repeatedly brought into the notice of the opposite party. After the service of legal notice, a technician of the opposite party cared to visit the house of the complainant for installation of the product and make it functional but he also could not install the same due to mechanical defect. The letter Ex. C6 dated 14.11.2018 is itself a categoric admission of mechanical defect on the part of the opposite party. This letter also carried reassurance on the part of the opposite party company that they will resolve the issue within next 10 working days or will replace the product which again turned out to be false. It appears from the act and conduct of the opposite party company that they only wanted to usurp the money of the complainant from the day of sale and they have never intended to make the product functional or tried to remove the defect. Since the considerable time has been elapsed and availability of same model product seems improbable. So in the given set of circumstances, it would be just and appropriate if the refund of the price of Rs.2,80,000/- of the massage chair along with interest @6% per annum and a composite costs of Rs.10,000/-  is ordered.

6.                As a result of above discussion, the complaint is allowed with an order that the opposite party shall refund the amount of Rs.2,80,000/- the price of the massage chair to the complainant along with interest @6% per annum from the date of purchase of the chair i.e. 08.09.2016 till actual payment. The opposite party shall further pay composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

7.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

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

 

Announced in Open Commission.

Dated:22.12.2022.

Gobind Ram.

 

 

 

Trannum Fatma Vs M/s. Roma International                            CC/20/01

 

Present:       Sh. Manish Midha, Advocate for complainant.

                   OP exparte.

 

                   Learned counsel for the complainant closed evidence after tendering affidavit Ex. CA along with documents Ex. C1 to Ex. C6.

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed with an order that the opposite party shall refund the amount of Rs.2,80,000/- the price of the massage chair to the complainant along with interest @6% per annum from the date of purchase of the chair i.e. 08.09.2016 till actual payment. The opposite party shall further pay composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

 

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

 

Announced in Open Commission.

Dated:22.12.2022.

Gobind Ram.