Punjab

Ludhiana

CC/19/596

Veena Rani - Complainant(s)

Versus

M/s Sony Furnishers and Decorators - Opp.Party(s)

Ramesh Kumar

08 Nov 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 596 dated 26.12.2019.                                                        Date of decision: 08.11.2021. 

 

Smt.Veena Rani aged 59 years wife of Sh.Tilak Raj resident of Plot No.80, Street No.2-1/2, New Basant Vihar, Sant Cheema Singh Nagar, Ludhiana.                                                                                                                                                                                                                 ..…Complainant

                                                Versus                                               1.M/s.Sony Furnishers & Decorators, Model Town Road, Opp. Chhabra Hospital, Near Bus Stand, Ludhiana through its proprietor Sarwan Singh.

2.Sarwan Singh, Prop. M/s.Sony Furnishers & Decorators, Model Town Road, Opp. Chhabra Hospital, Near Bus Stand, Ludhiana.

                                                                         …..Opposite parties

   Complaint under the Consumer Protection Act,(as amended upto date)

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh.Ramesh Kumar, Advocate

For OPs                          :         Exparte

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                The case of the complainant, as set forth in the complaint, is that the complainant purchased two iron Almirahs of dark brown colour from the OPs for a sum of Rs.20,300/- through invoice No.126 dated 29.04.2019. At the time of purchase of almirahs, the OPs gave warranty of five years on the product in case of any manufacturing defects. The complainant was further assured that in case of any defect in locks, paints, polishing and joints, the OPs would be responsible to either replace or refund the amount to the complainant. Barely after two months of purchase, the colour of both almirahs started fading. The paint of one almirah developed cracks and pieces of paints also started falling apart. The locks of the almirahs also not working properly due to loose joints as shown/depicted in the photographs attached with the complaint. The complainant contacted the OPs with a request to replace the almirahs or refund the amount but to no avail. Even a legal notice dated 11.10.2019 served upon the OPs failed to evoke any positive response. Hence the complaint whereby it has been requested that the OPs be directed to refund the amount of Rs.20,300/- along with interest @18% per annum and be also made to pay a compensation of Rs.2 lac and Rs.15,000/- as litigation expenses.

2.                Upon notice, OPs did not appear despite service and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted her affidavit Ex.CA along with documents Ex.C1 to Ex.C10 and closed the evidence.

4.                We have heard the counsel for the complainant and have also gone through the record.

5.                In the affidavit Ex.CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the retail invoice Ex.C1 vide which two almirahs were purchased by the complainant at the rate of Rs.10,150/- each on 29.04.2019. The complainant has further placed on record the photographs of the almirahs as Ex.C2 to Ex.C7 wherein the damage to the almirahs is visible. In the retail invoice Ex.C1 itself, it is mentioned that the product carries a replacement warranty of five years in respect of paints, polish, locks and joints. In these circumstances, in our considered view, the OPs be directed to repair or replace the paint, polish, locks and joints of the almirahs.

6.                As a result of above discussion, the complaint is partly allowed and the OPs are directed to repair the replace the paints, polish, locks and joints of the almirahs within a period of 40 days from the date of receipt of copy of the order. OPs shall further burdened to pay a composite compensation of Rs.3,000/- (Rupees Three Thousand only) to the complainant. Compliance of payment of compensation be made within 40 days from the date of receipt of copy of the 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 rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:08.11.2021.

Gurpreet Sharma