Punjab

Fatehgarh Sahib

CC/35/2015

Vinod kumar - Complainant(s)

Versus

Popular Gen. Store - Opp.Party(s)

Sh H.S Sidhu

30 Jul 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                                                                              Consumer Complaint No.35 of 2015

 

                                                                                                                             Date of institution:  01/04/2015                                                                                                                                                    Date of decision   :  30.07.2015

 

Vinod Kumar Chatly son of Sh. Tarlok Chand, Resident of # 3600, ward No.14 near, Railway Tower, Sirhind Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

1. Popular General Store, Railway Road, Sirhind, Tehsil and District Fatehgarh Sahib through its proprietor/authorized person.
2. L.G. India Electronics Private Limited, B-1, Sector 81, Phase 2, Noida District Gautam Buddh Nagar, Uttar Pardesh through its MD/authorized persons.

…..Opposite parties

         

Complaint Under Sections  11 to 14 of the Consumer Protection Act

Quorum

Sh. Ajit Pal Singh Rajput, President                                        Smt. Veena Chahal, Member                                                   Sh. Amar Bhushan Aggarwal, Member

         

Present :      Sh. H.S.Sidhu, Adv.Cl. for the complainant.                                              Opposite parties exparte.

ORDER

By Sh. Amar Bhushan Aggarwal, Member           

                                          Vinod Kumar Chatly son of Sh. Tarlok Chand, Resident of # 3600, ward No.14 near, Railway Tower, Sirhind Tehsil and District Fatehgarh Sahib, has filed this complaint against the Opposite parties (hereinafter referred to as “the OPs”) under Sections 11 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.                The complainant purchased a L.G. Home Theater, Model HT-924-SF on 08.02.2012 from opposite party No.1 for Rs.18,000/-, vide invoice No.304. In the month of July 2014 the said Home Theater malfunctioned and complainant had contacted the customer care centre, vide complaint No.140806063989. The representative of the company visited the complainant’s home and after inspection it was told that model of Home Theater stood discontinued and no more service can be provided to complainant in respect of his complaint. After so many calls made by the complainant at L.G. customer care and after a lot of discussion, the representatives of the company namely; Anil Kumar and Ms. Rakhee, after consulting their seniors, agreed to refund aggregate amount of Rs.9,999/-to the complainant and asked for certain documents which were supplied by the complainant.  They assured that within 15 days the said amount will be refunded through cheque but all in vain. After waiting for more than one month, the complainant again contacted LG Customer Care many times but they kept on putting off the matter on one pretext or the other.  Thereafter the complainant contacted the Mr. Anil Kumar, representative, who told the complainant that the refund is under process and asked to wait for 15 days and after 20 days he assured that the cheque is ready and the complainant will soon get the cheque. But complainant has not received any cheque. Thereafter, on 06.02.2015 the complainant also issued a legal notice to the OPs but in vain.  There is a gross negligence, carelessness, unfair trade practice and deficiency in service on the part of the OPs. Hence, this complaint for  giving directions to the opposite parties to pay Rs. 18,000/- on account of lawful claim, Rs. 2,200/- as litigation charges and Rs.80,000/- as compensation for mental tension, pain, agony and harassment suffered by the complainant.

3.                Notice of the complaint was issued to the opposite parties, but they choose not to appear to contest this complaint. Hence, they were proceeded against exparte.

4.                In order to prove the case, the complainant tendered copy of Bill dated 08.02.2012 Ex. C-1, copy of legal notice Ex. C-2,  postal receipts Ex. C-3, refused registered cover Ex. C-4 and his affidavit Ex. C-5 and  closed the evidence.

5.                    The ld. counsel has submitted that the complainant had purchased Home Theatre worth Rs.18,000/-, vide bill No.304 dated 08.02.2012, from OP No.1 who is a retailer and OP No. 2 LG India Electronics Pvt. Ltd., who is alleged to be a manufacturer of the Home Theatre. The ld. counsel for the complainant has pleaded that the representative of OP No.2 on pretext of refunding the amount collected the original bill, bank’s copy Xerox and photographs of the Home Theatre and assured the complainant that amount shall be refunded in 15 days as per affidavit of the complainant.   In the month of December 2014 complainant several times contacted OP No.2 to get the refund amount but OP No.2 put off the matter on one pretext or the other.

6.                 After hearing the Ld. Counsel for the complainant and going through the pleadings, evidence produced by the complainant, the oral arguments and written submissions, we find that there is force in the plea of the Ld. Counsel for the complainant. We are of the considerate view that the complainant had tendered in his evidence his affidavit i.e Ex. C-5/A and attested copy of bill Ex.C-1, attested copy of legal notice Ex. C-2, attested copy of postal receipts Ex.C-3 and legal notice received back by the Ld. counsel for the complainant with  “refused” remarks by postman Ex. C-4. It is ample clear from the evidence led by the complainant that the OPs had deliberately committed deficiency of service and caused mental and physical harassment to the complainant, despite knowing the facts that the said Home Theatre was found to be defective one. Accordingly, in view of the aforesaid discussion we direct the OPs to refund the amount of Rs.18,000/- i.e price of Home Theatre Ex.C-1. Hence, we partly accept the present complaint. Complainant is also held entitled to compensation on account of mental and physical harassment for a sum of Rs.2500/- alongwith litigation cost of Rs.1500/-. The amount should be paid within a period of 45 days from the date of receipt of this order otherwise interest of 9% will be levied till its realization.

Pronounced

Dated:30.07.2015

(A.P.S.Rajput)                         President

 

(Veena Chahal)                        Member

 

(A.B. Aggarwal)                      Member