Order by:

Sh.Amrinder Singh Sidhu, President

1.       The  complainant  has filed the instant complaint under section 35 of Consumer Protection Act, 2019 on the allegations that opposite party is carrying on its business under the name and style of M/s Shiv Lal Durga Dass, Chamber Road, Moga. Complainant has purchased TP Micro CT353BFDG, vide invoice no.1316 dated 30.11.2021 for Rs.11,700/-. The opposite party delivered the defective piece. The said micro did not work for a single day. Complainant was assured that the said set is in guarantee for one year. Since the date of purchase, the said micro is not working properly. The complainant visited the shop of opposite party several times, but with no effect. The opposite party totally refused to remove the said defect. Claiming deficiency in service on the part of the opposite party the present complaint has been filed by complainant. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may be directed to replace the TP Micro CT353BFDG purchased vide invoice no.1316 dated 30.11.2021 for Rs.11,700/- or to refund the amount of the same.

b)       The amount of Rs.20,000/- be allowed to be paid by the opposite parties on account of compensation due to mental tension and harassment caused to the complainant.

c)      And any other relief to which this Hon’ble Consumer Commission, Moga may deem fit be granted in the interest of justice and equity.       

2.       Upon notice, none has appeared on behalf of Opposite Party despite service, hence Opposite Parties were proceeded against exparte. 

3.       In order to prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copy of bill Ex.C2 and copy of aadhar card Ex.C3.     

4.       We have heard the Complainant and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident that has purchased TP Micro CT353BFDG, vide invoice no.1316 dated 30.11.2021 for Rs.11,700/-. However, the opposite party delivered the defective piece. The said micro did not work for a single day. Complainant was assured that the said set is in guarantee for one year. Since the date of purchase, the said micro is not working properly. The complainant visited the shop of opposite party several times, but with no effect. The opposite party totally refused to remove the said defect.  To corroborate his aforesaid assertion, the Complainant has placed on record his duly sworn affidavit Ex.C1 alongwith copies of documents Ex.C2 & Ex.C3. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Parties  did not opt to appear and contest the proceedings.  In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to offer or defend the complaint.  

6.       So, from the entire unrebutted and unchallenged  evidence produced by the complainant on record, it stands fully proved on record that  the Opposite Parties have adopted unfair trade practice and deficiency in service by not making the maturity amount of the recurring deposits. 

7.       In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant and Opposite Party is directed to refund an amount of Rs.9915/-, subject to return of product in question by the complainant alongwith interest @ 8% per annum from the date of filing of this complaint till its actual realization to complainant. Compliance of this order be made by the Opposite Parties within 60 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to  get the order enforced through the indulgence of this Commission.   Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.