BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.29 of 2016
Date of Instt. 14.01.2016
Date of Decision :16.06.2016
Sham Parkash Keshav son of Sadhu Ram Keshav R/o H.No.662, Krol Bagh Ladhewali, Jalandhar.
..........Complainant
Versus
1.M/s SK Trading & Company through its Partner/Prop./Authorized Agent/Director(if any), Talhan Road, Dhilwan, Jalandhar.
2.Capital First Ltd., through its Authorized Agent/Authorized Shika Hora (Business Head) and Apul Nayar (CEO-SME and Retail Business), SCO-18, 1st Floor, Puda Complex, Near Tehsil Office, Ladowali Road, Jalandhar.
3.LG Company Pvt Ltd., Plot No.51, Surajpur Kasna Road, Greater Noida-201310.
.........Opposite parties
Complaint Under the Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Mrs. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Sh.Neeraj Kaushik Adv., counsel for the complainant.
Sh.Satnam Singh Adv., counsel for OP No3..
Opposite parties No.1 & 2 exparte.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint under the Consumer Protection Act against the opposite parties on the averments that the marriage of the daughter of complainant was going to solemnize on 17.1.2016 and the complainant in order to give gifts, placed order. Complainant went to showroom of OP No.1 for AC of LG and LG Grill Microwave. Complainant submitted that he placed order for one three star AC of LG and one LG 23 liter Grill Microwave model MH2046HB but the OP No.1 delivered a two star AC of LG make and a microwave of Electrolux. Complainant further submitted that after a lot of struggle and difficulties, complainant was able to get three star LG AC and LG Microwave model MH2046HB of 23 liter capacity but the OP charged much higher price. The MRP of microwave was Rs.9350/- but the OP charged Rs.10,900/- from the complainant. When these facts were brought to the notice of OPs, they started proclaiming that complainant had purchased a LED and billing has been done for LED. Not only this, OPs No.1 & 2 sold the goods at financial assistance of 0% interest rate but the OPs have charged interest at higher rate. They have also not deducted initial amount paid by the complainant Rs.7890/- from the loan amount. OPs have been dealing unfair trade practice. On such averments, the complainant has prayed for compensation.
2. Upon notice, OP No.3 appeared through counsel but did not file any written statement.
3. Notice of this complaint was given to the OP No.1 & 2 but nobody has turned-up despite service and as such they were proceeded against exparte.
4. In support of his complaint, complainant has tendered into evidence affidavits Ex.C/A and Ex/B alongwith copies of documents Ex.C1 to Ex.C7 and closed his evidence.
5. On the other hand, learned counsel for opposite party No.3 has tendered affidavit Ex.OP3/1 and closed evidence.
6. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.
7. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that the marriage of the daughter of complainant was going to solemnize on 17.1.2016 and the complainant in order to give gifts, placed order. Complainant went to showroom of OP No.1 for AC of LG and LG Grill Microwave. Complainant submitted that he placed order for one three star AC of LG and one LG 23 liter Grill Microwave model MH2046HB but the OP No.1 delivered a two star AC of LG make and microwave of Electrolux. Complainant further submitted that after a lot of struggle and difficulties, complainant was able to get three star LG AC and LG Microwave model MH2046HB of 23 liter capacity but the OP charged much higher price. The MRP of microwave was Rs.9350/- but the OP charged Rs.10,900/- from the complainant. When these facts were brought to the notice of OPs, they started proclaiming that complainant had purchased a LED and billing has been done for LED as per SMS Ex.C7. Not only this, OPs No.1 & 2 sold the goods at financial assistance of 0% interest rate but the OPs have charged interest at higher rate. They have also not deducted initial amount paid by the complainant Rs.7890/- from the loan amount. OPs have been dealing unfair trade practice. The learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.
8. Whereas the case of the OP No.3 as per affidavit ExOP3/A is that present complaint is misconceived, vexatious, untenable and devoid of any merit. No legal cause accrued to the complainant to file the present complaint. Present complaint has been filed on vague and evasive assertions. The entire complaint is false and concocted one. The complainant has never brought to the notice of OP No.3 the facts mentioned in the complaint or that the OP No.1 has played any fraud with the complainant. This complaint has been filed only to harass the OP No.3. Learned counsel for the OP No.3 submitted that complaint is liable to be dismissed with heavy cost.
9. From the entire above discussion, we have come to the conclusion that complainant purchased one LG 1 Ton AC Split and one Electrolux Micro CON 23 LTR from OP No.1 vide invoice Ex.C1. Complainant has stated that he placed order of one three star AC of LG and one LG 23 liter Grill Microwave model MH2046HB. But complainant could not produce any evidence in this regard that he placed order for one three star AC of LG and one LG 23 liter Grill Microwave model MH2046HB. Complainant has submitted that after lot of struggle and difficulties, he was able to get three star AC of LG and Microwave model MH2046HB of 23 liter from the OPs but he could not produce any evidence as to when he got three star AC of LG and LG microwave of 23 liter from OP No.1. All this is a story concocted by the complainant just to prepare/make case against the OPs. Complainant has stated that MRP of microwave LG 23 liter is Rs.9350/- but the OP has charged Rs.10,900/-. But no evidence has been produced by the complainant in this regard. He has not produced any price list of microwave LG 23 liter model MH2046HB nor complainant produced any evidence from any other source that the MRP of LG microwave 23 liter model MH2046HB is Rs.9350/-. Whereas the OP No.1 has charged a sum of Rs.10,900/- from the complainant for Electrolux Microwave CON 23 LTR which they have sold to the complainant vide invoice Ex.C1. This invoice has been produced by the complainant himself.
10. Apart from this, complainant has stated that he got financial facility from OP No.2 at 0% rate of interest but the complainant could not produce any evidence that he has taken financial assistance from OP No.2 on which date vide which agreement and how much amount has been taken by the complainant as financial assistance of OP No.2. No agreement in this regard has been produced by the complainant. So, complainant has failed to prove on record his averments that the OPs No.1 & 2 have played any mischief with the complainant.
11. Resultantly, we hold that complaint is without merit and the same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh
16.06.2016 Member Member President
