Delhi

New Delhi

CC/1235/2012

KIRAN DEVI RAJGARHIA - Complainant(s)

Versus

M/S. JIMMY SALES AND RESEARCH - Opp.Party(s)

11 May 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1235/12                                                                                                                                                                              Dated:

In the matter of:

MS. KIRAN DEVI RAJGARHIA,

W/O SH. O P RAJGARHIA,

R/O 293, CHURCH ROAD,

VASANT KUNJ,                                                  

NEW DELHI-110070

                 ……..COMPLAINANT

       

VERSUS

1. M/S. JIMMY SALES & RESEARCH,

GOLD PLUS GROUP,

G-192, BASEMENT,

PARASHANT VIHAR,

DELHI-1100085

 

2. MR. AMIT TYAGI (PROPRIETOR)

M/S. JIMMY SALES & RESEARCH,

GOLD PLUS GROUP,

G-192, BASEMENT, PARASHANT VIHAR,

DELHI-1100085

………. OPPOSITE PARTIES

 

ORDER [ ORAL]

Date of Arguments: 11.05.2015

President:  C.K. Chaturvedi

Present: Counsel for complainant and OP.

The complainant got fitted a shower cubical of glass in her house in at 293, Church Road, Vasant Kunj, New Delhi-110070 by taking services of M/s Jimmy Sales & Research and paid to respondent no.1 Rs.2,82,717/- by 5 cheques bearing No; as follows:

            Cheque No.                 Date                            Amount

 

1. 330792                        17.8.2011                    Rs.66,038/-
2. 330797                        07.10.2011                  Rs.50,000/-
3. 535625                        2.12.2011                    Rs.45,000 /-
4. 535630                        22.12.2011                  Rs.40,000/-
5. 535644                        23.02.2012                  Rs.81,679 /-

 

        She alleged that after six months of use of shower fitting there was a problem in one of the cubical having manufacturing defect and when complainant’s grand-daughter in law Ms. Pooja Rajgarhia tried to open its sliding, it fell upon her and broke into pieces and she sustained injuries on her foot, head and body and Rs. 10,000/- was spent on her recovery.  OP was informed about the accident and despite repeated requests he failed to remove defects or repair.  The complainant got the same done on her own by spending Rs.34,250/- vide Bill No.668 dated 30.7.2012 placed on record and therefore the complainant had filed the complaint.  It failed to file evidence and defense was struck off.

        There is no question to disputes the facts mentioned in the complaint.  We have heard the complainant and considered the reply. OP has not disputed on facts but question the medical treatment etc. It is a case proved on of record by statement and evidence of complainant and showing imperfection of services in installing a defective cubical and not providing after sales services. 

        Keeping in view the facts & circumstances of the entire case, we award a compensation of Rs.50,000/- to the complainant for loss, medical treatment and litigation expenses.

The OP counsel moved an application to set-aside the order dt.18.9.14 striking off defense and for permission for filing the evidence as well as written submissions. We take with written submission on record but do not find goods grounds to allow the W.S and evidence now.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

                      

Pronounced in open Court on 11.05.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                          MEMBER