DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.1152 of 2018

                                                Date of institution:  12.11.2018                                                  Date of decision   :  05.11.2019

Jaiwant Singh Parmar son of Late Shri Ardaman Singh Parmar, resident of House No.2024, Victoria Enclave, Sector 50-C, Chandigarh.

…….Complainant

Versus

Paul Cement Stockiest Pal Bazar authorised dealer of Sun Flame Chimney Stove, SCF 41/43/46, Phase-9, SAS Nagar Mohali, Punjab through its Proprietor Jaspal Singh.

                                                      ……..Opposite Party   

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri A.K. Handa, counsel for the complainant.

                OP Ex-parte

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant approached OP for purchase of gas stove consisting of four burners and same purchased through invoice dated 25.10.2016 by making payment of Rs.5,302/- through master card. On 28.10.2016 after using the said gas stove, complainant returned the same because of problem in ignition of flame. By believing representation of OP, complainant agreed to purchase another stove by paying additional amount of Rs.6,000/- because new stove was to have warranty of two years. It is claimed that receipt for amount of Rs.6,000/- was not issued, but said amount was duly debited from the account of complainant for crediting the same in account of OP. After use of this stove for two days, same problem was faced and that is why complainant called upon OP either to change the new stove or refund Rs.11,302/-. OP called upon complainant to come on some other day because he will take action either by replacing the gas stove or by returning the amount. On 08.12.2016, OP called complainant at his shop for replacing of gas stove. Complainant after receipt of call visited shop of OP alongwith his neighbourer Mr. V.K. Gupta. However, OP refused straightway to refund price of gas stove, but claimed that in case complainant wants cash in place of stove, then 50% of the paid amount alone will be returned. Further it was disclosed by OP that in case complainant interested in purchasing some other material/item from shop of OP, then deduction of amount of Rs.1,000/- alone will be made. That was not acceptable to complainant. Stove is still within warranty period, but same not returned and nor amount refunded and that is why this complaint for seeking refund of paid amount of Rs.11,302/- with interest @ 12% per annum. Compensation for mental and physical harassment of Rs.1.00 lakh alongwith litigation expenses of Rs.50,000/- more claimed.

2.             OP is ex-parte in this case.

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to C-6 and thereafter closed evidence.

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             Copy of invoice Ex.C-1 shows that complainant purchased four burner gas stove from OP on 25.10.2016 by paying price of Rs.5,302/- including VAT amount of Rs.302/-. This amount paid through Master Card of complainant, is a fact borne from perusal of relevant transaction slip through ICICI bank, copy of entry is placed on record as Ex.C-2. Even complainant paid another amount of Rs.6,000/- to Paul Cement Stockiest as per Master Card transaction entry, copy of which is produced on record as Ex.C-3. This transaction Ex.C-3 was conducted on 28.10.2016 and as such certainly this documentary evidence available on record establishes that complainant paid Rs.11,302/- in all to OP. Moreover, earlier amount of Rs.5302/- has not been adjusted in the sum of Rs.6,000/-. Had that adjustment taken place, then transaction depicted through Ex.C-3 would not have shown debit of amount of Rs.6,000/- in  account of complainant, but credit of same to account of OP. That gas stove is still   retained by OP and OP has failed to fulfill his  promise of replacement of stove with another one and as such certainly complainant entitled for refund of paid price of Rs.11,302/-, but without interest untill filing of complaint on 12.11.2018 because complainant used the stove for sometime and even got replacement once. Served legal notice through postal receipt Ex.C-6 even did not entail any consequence and as such complainant entitled to compensation for mental agony and harassment and also to litigation expenses, but of reasonable amount by keeping in view the fact that OP has not come to contest the complaint. Allowing of interest will also be a sort of compensation for complainant.

7.             As a sequel of above discussion, the complaint allowed with direction to OP to refund received amount of Rs.11,302/- with interest @ 8% per annum from the date of filing of the complaint namely 12.11.2018 till payment.  Compensation for mental agony and harassment of Rs.3,000/- and litigation expenses of Rs.3,000/- more allowed in favour of complainant and against  OP.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

November 05, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member