DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURGAON-122001
Consumer Complaint No: 134 of 2013 Date of Institution: 01.05.2013 Date of Decision: 23.02.2016.
Subhash Chand Gupta, Proprietor Singla Jeweler, 222/5 Jacubpura, Gurgaon.
……Complainant.
Versus
M/s Perfect Security Solution, C/o Shiv Shakti Jewellers, Tilampur Kotla, Najafgarh Road, Delhi through its Proprietor Pawan Verma.
..Opposite party
Complaint under Sections 12 & 14 of Consumer Protection Act,1986
BEFORE: SHRI SUBHASH GOYAL, PRESIDENT
SMT JYOTI SIWACH, MEMBER
SH.SURENDER SINGH BALYAN, MEMBER.
Present: Shri Subhash Chandra Gupta complainant in person
OP exparte
ORDER SUBHASH GOYAL, PRESIDENT.
The case of the complainant, in brief, is that he has purchased CCTV Camera along with accessories from the OP vide Bill No.124 dated 26.09.2012 and the same were got installed at his jewellary shop at Churi Market, Sadar Bazar, Gurgaon. During negotiation and at the time of installations, the opposite party had assured the complainant that all the equipments would work properly but they were not installed properly. The installation was not up to the mark and thus, the system did not work and no attention was paid to the repeated complaints lodged with the OP. He requested the opposite party to remove his installation and refund the amount but of no use and thus, the opposite party was deficient in providing services to the complainant. The complainant prayed that the opposite party be directed to remove all the cameras along with other accessories and refund the amount of Rs.38000/- with interest. He also sought compensation of Rs.50,000/-.
The complaint is supported with an affidavit, purchase bill (Ex.C-2) and another document issued by OP (Ex.C-3) and two emails.
2 Notice of the complaint was given to the opposite party. However, OP has failed to turn up despite service and thus, was proceeded exparte vide order dated 27.05.2015.
3 We have heard the complainant and have perused the record available on file.
4 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the complainant, it is evident that the complainant has filed the present complaint against the OP alleging deficiency in service on its part on the ground that he has purchased CCTV cameras and accessories from the OP vide Bill No.124 dated 26.09.2012 for the security of his shop situated at Sadar Bazar, Gurgaon but the said system was not working properly and in this regard many complaints were lodged with the OP including the emails but of no use and thus, there was no deficiency in service on the part of the opposite party.
5 The above said evidence of the complainant goes unrebutted as the opposite party failed to appear before this Forum and thus, there is no reason to disbelieve the above version of the complainant. Therefore, we allow the present complaint and direct the opposite party to restore the functioning of the CCTV system within 30 days failing which the complainant shall be entitled to get the refund of the amount of Rs.38000/- with interest @ 9 % p.a. from the date of filing of the present complaint till realization. The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.5,000/-. The opposite party shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.
Announced (Subhash Goyal)
23.02.2016 President,
District Consumer Disputes
Redressal Forum, Gurgaon
(Jyoti Siwach) (Surender Singh Balyan)
Member Member
