BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 270 of 2021      

                                                          Date of Institution: 11.10.2021

                                                          Date of Decision:   21.11.2022. 

Ashok Kumar Proprietor of Ashoka Glass Works, Auto Market, Pul Ke Niche, Hisar Road, Sirsa, Tehsil and District Sirsa.

                                                                             ………Complainant.

                                      Versus

1. M/s Sakshi Plastics 2152/2, Chuna Mandi, Paharganj, New Delhi through its Proprietor Sanjay.

2. Mr. Sanjay, Proprietor, M/s Sakshi Plastics 2152/2, Chuna Mandi, Paharganj, New Delhi.

                              ……… Opposite parties.

          Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR………. PRESIDENT

SMT. SUKHDEEP KAUR …….……….MEMBER           

                   SH. OM PARKASH TUTEJA…………… MEMBER

Present:         Sh. Narendra Sharma, Advocate for complainant.

           Opposite parties already exparte.

ORDER

          The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (referred as OPs) with the averments that he is running a firm under the name and style of M/s Ashoka Glass Works Auto Market, Sirsa. On 20.02.2021 the complainant had placed an order to the ops for plastic sheets for personal use and had made payment of Rs.13,800/- through online. On 25.02.2021, the ordered material was received by the complainant but the same was totally damaged and was not usable in manner. The complainant immediately contacted the ops telephonically in this regard and had also sent the photographs of the same to the ops through whatsapp and requested either to replace the said material with fresh one or in the alternative to make the payment of aforesaid amount of Rs.13,800/- but the ops did not respond to the request of complainant. It is further averred that when all the requests made by complainant gone useless, hence the complainant finding no other alternative got lodged a rapat bearing no.137 dated 7.3.2021 with Police Post Kirti Nagar, Sirsa in this regard. That neither the material was replaced nor the payment was refunded to the complainant and the act and conduct of the ops clearly amounts to deficiency in service and unfair trade practice on account of which complainant has not only suffered financial loss but also suffered unnecessary harassment. The complainant also got served a legal notice to the ops on 31.03.2021 but to no effect. Hence, this complaint.

2.       Notice of the complaint was issued to the ops which received back with the report of refusal and since none appeared on behalf of ops, therefore, ops were proceeded against exparte.

3.       In exparte evidence, complainant has tendered his affidavit Ex.C1, copy of legal notice Ex.C2, postal receipt Ex.C3, booking/ delivery report Ex.C4, invoice Ex.C5, copy of application moved to SHO, City Police Station Sirsa Ex.C6 and copy of rapat rojnamcha Ex.C7 and photographs of plastic sheets Ex.C8 to Ex.C10.

4.       We have heard learned counsel for the complainant and have perused the case file.

5.       From the invoice Ex.C5, it is proved on record that complainant purchased acrylic sheet from the opposite parties worth Rs.13,800/- including GST. From the copies of photographs of plastic sheets Ex.C8 to Ex.C10, it is evident that plastic sheets were delivered to the complainant in damaged condition but despite requests of the complainant either to replace the sheets or to make refund of the price of the sheets, the ops have failed to redress the grievance of complainant and ultimately complainant also moved an application in Police Station City Sirsa and also got lodged a rapat in this regard in the police station. The pleadings and evidence led by complainant goes as unchallenged and unrebutted as ops have failed to appear before this Commission to contest the present complaint rather opted to be proceeded against exparte. So, it is proved on record that ops are indulged in unfair trade practice and have caused deficiency in service and harassment to the complainant and therefore, complainant is entitled to refund of the plastic sheets from the ops.

6.       In view of our above discussion, we allow this complaint and direct the opposite parties to make refund of the amount of Rs.13,800/- to the complainant alongwith interest @6% per annum from the date of filing of present complaint i.e. 11.10.2021 till actual realization within a period of 45 days from the date of receipt of copy of this order. We also direct the ops to further pay a sum of Rs.5,000/- as composite compensation and litigation expenses to the complainant. The ops are liable to comply with this order within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be at liberty to initiate proceedings under Section 71/72 of the Consumer Protection Act, 2019 against the ops. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced                    Member      Member                President,

Dated: 21.11.2022.                                                                District Consumer Disputes

                                                                                     Redressal Commission, Sirsa.

JK