DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C.No. 205 of 28.07.2023

Decided on : 26-10-2023

PeeVee Health Care, St. No.8, Bhai Matti Dass Nagar, Bathinda, through its Owner/Representative Jatinder Singh.

........Complainant

Versus

Persistent Smart Solution Medical System O/o Opposite Ramlilla Ground, Hajipur, District Hoshiarpur, through its M.D.

.......Opposite party

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM

Sh. R.L Mittal, President

Sh. Shivdev Singh, Member

Present :

For the complainant : Sh.Varun Bansal, Advocate.

For opposite party : Ex-parte.

ORDER

R.L Mittal, President

1. The complainant PeeVee Health Care (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Persistent Smart Solution (here-in-after referred to as opposite party).

2. Briefly stated, the case of the complainant is that he purchased one good i.e Refeb C-Arm 9' Make: Allengers Model: HF 49 machine from opposite party on 4.1.2023 vide S.No.9104012023 worth Rs.4,48,000/- that was transacted vide vehicle No.CH01TB9075 on 29.3.2023. The machine was dead from the very first day and complainant informed the same to opposite party, it stated that it is sending our team to analyze the problem in the machine as to why this machine is not working, but the machine did not turn on a single time.

3. It is alleged that the workers of opposite party each and everytime made excuses that they have to replace some part in it and part is with their head office and they will soon replace the defective part and machine will get working soon. The complainant many times requested that he needs brand new machine as he made payment for brand new machine. The problem was not fixed. The complainant agitated over this issue and opposite party agreed to refund him the entire amount. Opposite party picked up the machine and assured the complainant that it will refund the entire amount soon. Opposite party issued two cheques to the complainant as security by filing amount.

4. It is further alleged that on 7.5.2023, opposite party refunded Rs.2 lakhs and after some days, they have refunded Rs.65,000/-, but thereafter it has not refunded him a single penny. The complainant is calling and messaging opposite party on daily basis, but it is only giving excuses that it will refund the pending amount soon, but he failed to do so till date.

   On this backdrop of facts, the complainant has prayed for directions to opposite party to refund the pending amount i.e Rs.2,15,000/- with interest @ 18% w.e.f 4.1.2023 upto its realization and to pay Rs.1 lakh as compensation on the account of harassment, mental amd physical agony and Rs.20,000/- as litigation expenses.

5. Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against it.

6. In support of the complaint, the complainant has tendered into evidence his affidavit dated 28-7-2023 (Ex.C1) and documents, (Ex.C2 to Ex.C8).

7. We have heard learned counsel for the complainant and gone through the file carefully.

8. Learned counsel for complainant has reiterated his stand as taken in his pleadings as detailed above.

9. We have given careful consideration to these submissions.

10. The case of the complainant is that he has purchased one good i.e Refeb C-Arm 9' Make: Allengers Model: HF 49 machine from opposite party on 4.1.2023 for Rs.4,48,000/- vide Ex.C2. As per complainant, this machine was dead from the very first day and he informed the same to opposite party. Opposite party has refunded Rs.2,65,000/- to the complainant and has not refunded the balance amount of Rs.1,83,000/- despite the requests of the complainant.

11. Opposite party has not appeared before this Commission despite the service of summons. The commission is of the considered view that opposite party is deficient in services due to non-returning of the amount of Rs.1,83,000/- to the complainant. The evidence of the complainant is unrebutted and unchallenged. Therefore, there is no reason to disbelieve the version of the complainant.

12. In view of what has been discussed above, the complaint is partly allowed with Rs.5000/- as cost and compensation against opposite party. Opposite party is directed to pay the balance amount of Rs.1,83,000/- to the complainant with interest @ 9% per annum from date of filing of the complaint till realization.

13. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

14. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced:-

    26-10-2023

    1. (R.L Mittal)

    President

     

     

    (Shivdev Singh)

    Member