CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.189/2014
Sh. D. K. Chopra Senior Citizen
R/o A/A-1039, Vasant Kunj,
New Delhi-110070 ……Complainant
Versus
M/s Nishant Electric Co
C-2,Housing Societ
South Extension Part 1
Gurdwara Road, Kotla Market,
New Delhi-110049 ……Opposite Party
Date of Institution : 18.05.14 Date of Order : 21.11.15
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated the case of the Complainant is that he purchased a Usha Fantana Lotus 52’ Fan for Rs.5,102/-with a warranty of two years on 03.05.14 vide bill No.23517 from the OP. But OP did not provide any free demonstration and free installation and also did not provide any Usha Company Warranty Card. As some of the parts were missing he had purchased the same from the market on 03.05.14. OP assured him that the warranty card will be provided to him by tomorrow whereas he had to pay Rs.400/- for installation alongwith Rs.50/ for missing parts. The fan was taken by him and he had paid Rs.300/- as taxi fare. On 04.05.14 the OP informed on telephone that the warranty card will be sent by courier and will reach within three days. As no reply/response was coming from the OP he sent a legal notice but OP did not reply. It shows that he has no respect for the consumer. Complainant has prayed as under:-
- Direct the OP to pay an amount of Rs.1750/- (actually spent by him) and warranty card for two years.
- Direct the OP to pay Rs.71,000/- as compensation for causing mental agony and harassment to the Complainant.
- Direct the OP to pay Rs.11,000/- towards cost of litigation.
- Direct the OP to pay fine/penalty to Secretary, Consumer Affairs, New Delhi for the cheating, harassment to general public at least equal to last five years sale.
On Sh. Nishant Saini, one of the Partners of the OP appeared on 20.07.15 and stated that they are ready to change the fan with new one but Complainant did not accept the same and stated that he wanted refund of the price of the fan. Shri Saini then stated that they were ready to make the payment of Rs.5,000/- towards full and final settlement. The Complainant agreed to receive Rs.5,000/- towards full and final settlement and to return the fan to OP. The case was adjourned to 27.07.15 but on that day no one appeared on behalf of the OP. According to the Complainant, the OP did not take any step to settle the matter. Thereafter the case was adjourned to 21.08.15. On 21.08.15 when no one appeared on behalf of the OP, OP was proceeded exparte.
The Complainant has filed his exparte evidence by way of affidavit. We have heard the Complainant and have also gone through the file very carefully.
Admittedly, the Complainant had purchased Usha ceiling fan from the OP on 03.05.14 for an amount of Rs.4535/- (Ex.-I). The OP was ready to change the fan with new one but the Complainant was not ready for the same. The OP was ready to make the payment of Rs.5,000/- towards full and final settlement which was accepted by the Complainant. The OP did not appear on the relevant dates.
Averments made in the complaint and the evidence led by the Complainant have remained uncontroverted and unchallenged. Therefore, there is no reason to disbelieve the version of the Complainant. Therefore, we hold OP guilty of unfair trade practice, allow the complaint and direct the OP to pay an amount of Rs.4535/- (price of the fan) alongwith Rs.2500/- as compensation for harassment and mental agony undergone by the Complainant including cost of litigation but Complainant shall return the fan to the OP.
The order shall be complied within 30 days of receipt of copy of this order failing which the OP shall become liable to pay interest @ 9% per annum on the amount of Rs.4535/- from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 21.11.15.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
