Uttar Pradesh

Aligarh

CC/232/2022

HAFIZUL KARIM USMANI - Complainant(s)

Versus

PRO. AZIM ERTIKA HOME FURNISHING - Opp.Party(s)

01 Aug 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग
अलीगढ
 
Complaint Case No. CC/232/2022
( Date of Filing : 29 Nov 2022 )
 
1. HAFIZUL KARIM USMANI
S/O ABDUL KARIM USMANI R/O SARUR APARTMENT SIR SYED NAGAR THANA CIVIL LINES ALIGARH
...........Complainant(s)
Versus
1. PRO. AZIM ERTIKA HOME FURNISHING
ADDRESS FIROZ PALACE JAMIYA URDU KE PASS MEDICAL ROAD ALIGARH
2. SUHANA FOAM INDSTRIES
FARM ADDRESS MARCKET UNION BANK KE PASS BARAULA SAYED 45 NOIDA 201301
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. HASNAIN QURESHI PRESIDENT
 HON'BLE MR. ALOK UPADHYAYA MEMBER
 
PRESENT:
 
Dated : 01 Aug 2023
Final Order / Judgement

Case No. 232/2022   

IN THE MATTER OF

Hafizul Karim Usmani S/o Md. Abdul Karim R/o Sarur Apartment Sir Sayed Nagar, Thana Civil Lines Aligarh  

                                                         V/s

  1. Pro. Azim, Ertika Home Furnishing Address Firoz place, Jamiya Urdu ke Pass, Medical Road, Aligarh
  2. Suhana Foam Industries firm Address Market Union Bank Ke pass Barula, Sector 49 Noida.

 

CORAM

 Present:

  1. Shri Hasnain Qureshi, President
  2. Shri Alok Upadhayay, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

  1. The present complaint has been filed by the complainant before this commission for  the following reliefs-
  1. The Ops be directed to pay Rs.15000/ the cost of Mattress (Gadda).
  2.  The Ops be directed to pay compensation Rs. 10000/ for harassment.
  3. Cost of the case Rs.10000/.
  1. The Complainant has stated that he had purchased two Mattress (Gadda) on 6.11.2018 and two Mattress (Gadda) on 21.11.2018 from Op no.1 and the price of one Mattress (Gadda) was Rs. 6110/. The quality of Mattress (Gadda) was not found good and it became impressed which was replaced but the Mattress (Gadda) again became pressed. Complainant complained again to the OP but he did not replace the Mattress (Gadda). There was manufacturing defect in the Mattress (Gadda).  
  2.  Ops did not contest the case and the case was proceeded Ex-parte.
  3.  Complainant has filed his affidavit and papers in support of his pleadings.
  4. We have perused the material available on record and heard  complainant.
  5. Complainant has proved his case with the cash memo of purchasing mattress (Gadda) supported by his affidavit complainant is entitled for reimbursement of the cost of the mattress which is Rs.6110/  with interest.
  6. We hereby direct the Ops to pay jointly and severally the amount Rs.6110/ pendente lite and future interest at the rate 10% per annum. Ops is also directed to pay to the complainant Rs.10000/ as compensation for harassment and litigation expenses Rs.10000/.
  7. Op shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
  8. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
  9. File be consigned to record room along with a copy of this judgment.
 
 
[HON'BLE MR. HASNAIN QURESHI]
PRESIDENT
 
 
[HON'BLE MR. ALOK UPADHYAYA]
MEMBER
 

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