Delhi

North East

CC/137/2015

Sudesh Kr. - Complainant(s)

Versus

N.S. A Tradex Pvt. Ltd. - Opp.Party(s)

05 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 137/15

 

In the matter of:

 

	Sudesh Kumar R/o E-492, Netaji Subhash Marg East Babarpur, Shahdara Delhi-110032.	Complainant
	Versus
	NSA Tradex Pvt Ltd. U-25/22, First Floor, DLF, Phase-3 Gurgaon- 122002.	Opposite Party

 

	DATE OF INSTITUTION:        JUDGMENT RESERVED ON :	21.04.2015 04.01.2018
	DATE OF DECISION      :	05.01.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order by Shri Ravindra Shankar Nagar, Member

ORDER

1. Present complaint has been filed by Shri Sudesh Kumar, the complainant herein against M/s. NSA Tradex – the OP herein. Brief case of the complainant is that on 02.03.2015, the complainant purchased a Store Smart-Vacuum Bag AID vide invoice no. 201503022129 for an amount of Rs. 1390/- paid by the complainant on cash on delivery basis. However, on opening the same the complainant discovered that the consignment was defective and as such he had informed the OP about the defective vacuum bag on 04.03.2015 for the first time, wherein he was assured that the new set would be sent to him within next two-three days which did not happen. Yet again, on 12.03.2015, 14.03.2015, 18.03.2015 and 23.03.2015, the complainant registered his complaint to OP telephonically but to no avail.  Since then, complainant had made several requests to OP for redressal of his grievance but no action was taken by OP. Lastly on 27.03.2015, the complainant sent a notice to OP giving the OP ultimatum of seven days period to replace the defective item or he shall file the matter to Consumer Forum for compensation of Rs. 10,000/-. Finding no response / redressal by the OP, the complainant was constrained to file the present complaint of the OP claiming compensation of Rs. 30,000/- from the OP.
2. Notice sent to OP on 01.05.2015 and further on 07.09.2015 which was delivered to OP on 11.09.2015. However, none appeared on behalf of OP and the last opportunity was given to him to appear on 13.11.2015. On that day also, the OP didn’t appear and as such order to be proceeded against ex parte was passed against the OP on 13.11.2015.
3. The Ex parte evidence was filed by complainant on 18.12.2015. On 16.2.2016, the matter was reserved for order by previous bench. However, there was change in the Bench and on 10.08.2017, the matter was relisted for directions to issue notice to both the parties to appear on 04.01.2018 and addressed arguments. The arguments were heard on 04.01.2018 and the matter was reserved for orders.
4. We have heard the complainant in detail and perused the material placed on record. The OP did not appear before this Forum despite repeated notices. The terms & conditions mentioned on the back side of retail invoice have been seen by this Forum. The complainant has shown us and submitted the defective vacuum bag proof of his case of defective consignment sent by OP at the stage and time of filing evidence by way of affidavit and has thereby successfully proved his case of deficiency in service qua the OP. Notwithstanding the fact that the complaint went unrebutted due to absence of the OP, the evidentiary proof for defective consignment is sufficient to allow the present case in hand.  Therefore, we are of the considered view that complainant has been successful in establishing his case of deficiency of service alleged against the OP. We therefore allow the present complaint and award the complainant a sum of Rs. 1,390/- alongwith interest @ 9% p.a. from the date of filing of the complaint till realization payable by OP. We also award a sum of Rs. 3,000/- towards mental agony. Let the order be complied with by the OP within 30 days of receipt of this order.
5.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6.   File be consigned to record room.
7.   Announced on  05.01.2018   

 

(N.K. Sharma) President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member