Delhi

East Delhi

CC/154/2015

MADHNI JAIN - Complainant(s)

Versus

NATIONAL SEWING - Opp.Party(s)

19 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 154/15

Smt. Madhvi jain

W/o Shri R.K. JAIN

WB-57 A,

SHAKARPUR,

1.  

                                                                                                                         ….Complainant

•  

 

1. M/S NATIONAL SEWING MACHINE CO.

1519-1520, NAI SARAK

1.  

 

2. M/S USHA INTERNATIONAL Ltd.

PLOT NO. 15, INDUSTRIAL AREA

SECTOR-32, GURGAON 122001

2170601187.  

                                                                                                                          ….Opponents

 

Date of Institution: 09.03.2015

Judgment Reserved for: 19.04.2017

Judgment Passed on: 19.04.2017

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. The present complaint has been filed u/s 12 of the Consumer Protection Act by Smt. Madhvi Jain against M/S National Sewing Machine Co. (OP-1), and M/S USHA International Ltd. (OP-2).
2. The facts in brief are that on 20/03/2014, the complainant purchased SIM USHA ZIG ZAG DRUM MAKE 120 from OP-1 vide bill no. 1352 for Rs. 26,512.50. It is stated that the said machine could not be used because of the manufacturing defect. The complainant lodged a complaint on 27/03/2014, which was attended on 29/03/2014 by the engineer of OP. It is further stated that the complainant has suffered huge loss in her proposed project to the tune of Rs.50,000/-. Legal notice was served on both the OPs which was neither replied nor complied with. The complainant has alleged deficiency in service on the part of OPs in supplying defective machine and thus prayed for directions to OP to replace the machine or refund Rs. 26,512.50,  compensation for loss as Rs.50,000/- cost of litigation to the tune of Rs.20,000/-. 
3. Invoice dated 20/03/2014, Field service report dated 29/03/2014 and legal notice dated 01/07/2014 are annexed with the complaint.
4. Notice of the present complaint was served upon both the OPs, however OP-1 did not put appearance nor they filed their reply, hence, they have been proceeded ex-parte. Reply was filed by OP-2, where they took the plea that there was no manufacturing defect in the machine and the service engineer of OP visited the complainant and found that there was a problem in the wiring at the premises of the complainant. Rest of the contents of the complaint were denied and prayed for dismissal of the complaint with heavy cost.
5. Rejoinder to the written statement of OP was filed on behalf of complainant, wherein contents of the complaint were reiterated and those of written statement were denied.
6. Evidence by way of affidavit was filed by both the parties, where complainant examined herself and reiterated the contents of the complaint on oath.  Complainant relied upon the documents annexed with the complaint and OP examined Shri P.K. Vij (Regional Administrative Head, USHA International Limited) who stated the contents of written statement on affidavit.
7. We have heard the complainant and perused the material placed on record. Field service report annexed with the complaint reveals that the product was purchased on 20/03/2014 and the complaint was lodged on 27/03/2014 i.e. within the period of seven days of purchase. There was a problem of electric current or electric shock in the machine and the plea taken by OP seems to be after thought which is to avoid their liability of selling product having manufacturing defect. The OP cannot be allowed to sell defective product to the general public for endangering their life. Therefore, we hold OP-2 guilty for selling defective product to the complainant. We direct OP-2 to refund Rs.26,512.50 along with 6% interest from the date of the purchase till realization and complainant is also directed to return the machine to OP-2. We further award Rs.7,500/- as compensation which shall include the cost of litigation. If the said order is not complied within 30 days from the date of receipt of this order, then OP-2 shall be liable to pay interest on Rs.34,012.50 (Rs.26,512.50+ Rs.7,500/-) @ 9% per annum from the dated of order till realization

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                               (HARPREET KAUR CHARYA)              

      MEMBER                                                                                            MEMBER

 

                                                     (SUKHDEV SINGH)

                                                        PRESIDENT