Delhi

New Delhi

CC/263/2018

Vaibhav Gulati - Complainant(s)

Versus

M/S. Brand Concepts Ltd. - Opp.Party(s)

16 Dec 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

                ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                           NEW DELHI-110001

 

 Case No. CC/263/2018                                     Dated:

           In the matter of:  

             Vaibhav Gulati

          S/o Late Sh. Arvind Gulati,

          Indian Inhabitant,

          R/o B- 56, Derawal Nagar,

           Delhi- 110009                                                                                                                                                                                                                              …… Complainant

        Versus

           

            Brand Concepts Ltd.

            Having its Shop at C1/1 Ground Floor

            Prem House, Middle Circle

            Connaught Place

            Delhi - 110001                   

                                                                                                            …….Opposite Party

 

H.M. VYAS – MEMBER

                                                       ORDER

The complaint filed is in respect of  a Backpack Bag 14 inches purchased from the OPs showroom on 11/04/2017 for a sum of Rs. 2079.20/-. In July the bag developed certain defects and the complainant asked the OP to replace it, however the company instead of replacing the same repaired it and delivered to the complainant after a month. Again in September same defect developed and the OP was intimated. In November, 2017 again, some other defect in the bag appeared and the complainant contacted the OP with request to replace it but the OP refused . However, the OP informed that it will be repaired and delivered back within 15 days. No communication during the period was received by the complainant from the OP and as such he requested to OP to replace it. The OP did not pay heed to the complainant’s request  and the complainant sent a legal notice. Prayer to refund the cost of the bag i.e. 2079.20/- and compensation of Rs. 75,000/- has been made.

The OP was noticed. After Dasti service by the complainant  on 09/02/2019, none had appeared on various dates and  OP was proceeded ex-parte  on 02/09/2019. The complainant has filed affidavit stating the delivery of the notice upon the OP on 09/02/2019 The complainant filed ex-parte evidence and also addressed oral argument.

We have considered the material placed before us and the submissions made by the complainant. In brief the backpack bag developed certain defects within the warranty period and the testimony of the complainant have remained unrebutted despite service of the notice  and ultimately the OP was proceeded ex-parte  on 02/09/2017. There is no reason to disbelieve  the sworned testimony of the complainant.

Accordingly, we hold the OP to be deficient  in service and direct as under:-

1. To refund the amount of Rs. 2079.20/- alongwith 9% interest  from the date of filing i.e. 04/07/2018 till the date of realization.
2. Litigation cost of Rs. 1000/- including compensation.

The Orders shall be complied within 30 days from the date of receipt of this order.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on: 16/12/2019 

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

                                                      (ARUN KUMAR ARYA)

                                                                          PRESIDENT

 

             (NIPUR CHANDNA)                                                                         (HM VYAS)

             MEMBER                                                                                       MEMBER