DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.556 of 2016
Date of institution: 07.09.2016 Date of decision : 09.05.2017
Jagan Nath Bhandari son of Shri Ram Julam, resident of House No.12, Block-A, Janta Colony, Naya Gaon, Mohali, Punjab.
……..Complainant
Versus
M/s. Nishant Electronics & Electricals, through its Proprietor Mr. Nishant, Behind Ashoka Enterprises, Near Lal Kothi, Naya Gaon, Mohali..
………. Opposite Party
Complaint under Section 11 to 14
Of the Consumer Protection Act.
Quorum
Shri Amrinder Singh Sidhu, Presiding Member
Mrs. Natasha Chopra, Member
Present: Complainant in person.
OP ex-parte.
ORDER
By Amrinder Singh Sidhu, Presiding Member.
The brief facts of the present complaint are that complainant filed the present complaint pleading that on 28.06.2016 he called the Opposite Party (for short ‘the OP’) at his home for fridge repair as the fridge was not making cooling. After inspecting fridge, the OP advised that the fridge is having gas problem and it has to be refilled, therefore, the fridge has to be shifted to the shop. The OP sent his rickshawman (M.No.8968557086) and he came to the complainant home and lifted the fridge and dropped at the shop of the OP. On 30.06.2016 the OP sent the fridge by the rickshaw at complainant home and advised the complainant on phone that don’t get fridge ‘on’ for 2-3 hours. As per instructions, the complainant did the same. The OP took repair charges of Rs.1500/- and Rs.150/- labour charges for pick and drop. The OP also sent a repair charges handwritten receipt by rickshawman. When the complainant tried to ‘on’ the fridge then it did not get ‘on’ and same time told the OP about the problem. The OP did not redress the grievance of the complainant despite many requests and finally refused to entertain the request of complainant to repair the fridge. Lastly the complainant prayed that the complaint may be allowed and the OP may be directed to pay compensation of Rs.15,000/- for damages; Rs.5,000/- for mental and physical harassment and Rs.5,000/- for litigation expenses and any other relief deemed fit by this Forum.
2. Notice was served upon the OP on 20.12.2016 but none appeared before this Forum on behalf of the OP and accordingly the OP was proceeded against ex-parte.
3. In order to prove, the complainant tendered in evidence his affidavit Ex.CW-1/1; copies of visiting card Ex.C-1; receipt Ex.C-2; legal notice Ex.C-3; postal receipt Ex.C-4 and tracking report Ex.C-5
4. We have heard the complainant and have gone through the contents of file.
5. As the complainant has filed his affidavit which is Ex.CW-1/1 stating that the OP has charged Rs.1500/- for providing service to the complainant for repairing his fridge but did not repair it, so it can be concluded that the complainant is consumer of the OP as he has availed services of the OP for consideration. Further the OP neither replied to the legal notice which is Ex.C-3 of the complainant nor appeared before this Forum to rebut the allegations of the complainant but preferred to remain absent which clearly proves that the OP has nothing to say in this regard. In the absence of rebuttal of complaint by the OP, the complaint of the complainant stands proved as he proved the facts by his affidavit Ex.CW-1/1.
6. In view of the above discussion, the OP is directed to refund amount of Rs.1500/- (Rs. One thousand five hundred only) alongwith compensation of like amount i.e. Rs.1500/- (Rs. One thousand five hundred only) within a period of 30 days from the date of order failing which it shall carry interest @ 9% per annum till its actual realisation.
The arguments on the complaint were heard on 05.05.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 09.05.2017
(Amrinder Singh Sidhu)
Presiding Member
(Mrs. Natasha Chopra)
Member
