District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.391/2019.
Date of Institution: 13.08.2019.
Date of Order: 09.08.2022.
Faridabad Senior Citizens Club (?Regd.) Community Center, sector-9, Faridabad – 121006.
…….Complainant……..
Versus
1. New Samrat Electronics, Shop NO.1-J-9, NIT, Faridabad – 121001 (Hr.).
2. M/s. Blue Star Lt.(Regional Office), Sector-53, (AC manufacturing) Gurgaon.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Ms. Ritu Sharma, counsel for the complainant
Sh. Bhupesh Joshi, counsel for opposite party No.1.
Opposite party No.2 given up vide order dated 26.10.2020.
ORDER:
Today the case was fixed for filing evidence on behalf of
opposite party No.1.
Ms. Ritu Sharma, counsel for the complainant has made a
statement that “I press only litigation and harassment charges.”
In this case, the complainant purchased a new cooler vide
invoice No. 099 dated 31.05.2019 from the opposite party. The said cooler stopped
working on 25.06.2019.
On the other hand, counsel for opposite party has changed the
cooler on 5th August 2022.
Keeping in view of the above, the Commission is of the opinion that the complaint has filed the complainant on 26.05.2022 and the opposite party NO.2 has made the payment to the complainant on 27.05.2022 after filing of the complaint. No doubt they have harassed the complainant mentally. Hence, they are negligent on their part. Deficiency of service is proved. Hence the complaint is disposed off with the direction to opposite party No.2 to pay the interest amount of Rs.1,00,000/- which was paid by the complainant to the opposite party NO.2 on 23.02.2021. If paid then ignore it. Opposite party No.2 is also directed to pay Rs.2200/- as compensation for causing mental agony and harassment. Opposite party No.2 is further directed to pay Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
The facts in brief of the complaint are that The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) pay an amount of Rs. as claimed amount alongwith interest @ 24% p.a. from the date of its due till actual payment.
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
5. The parties led evidence in support of their respective versions.
6. We have heard learned counsel for the parties and have gone through the record on the file.
7. In this case the complaint was filed by the complainant against opposite party – M/s. LG Electroncis with the prayer to get the defects in the goods removed.
To establish his case the complainant has led in his evidence,
On the other hand counsel for the opposite party strongly agitated and
opposed. As per the evidence of the opposite part
7. Opposite parties are directed to:
a)
b) pay Rs.2200/- as compensation for causing mental agony & harassment
c) pay Rs.2200/- as litigation expenses.
Compliance of the order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties free of costs and file be consigned to record room.
Announced on: 28.07.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
