O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint against O.P under section 12 of the Consumer Protection Act, 1986. The present complainant has been filed by the complaint against O.P under section 12 of Consumer Protection Act, 1986. The brief facts as alleged in the complaint are that on 04.01.2013 complainant had purchased a BMW Jacket for a sum of Rs.6,299/- from Puma Store which is located S.S. Enterprises, Bunglow Road, Jawahar Nagar, Kamla Nagar, Delhi. It is alleged that O.P promised the quality and durable product and also promised to change the Jacket in case of any defects. It is also alleged in the complaint that within a said period of Micro Hole occurred in the said Jacket. It was deposited with the O.P on 19.01.2013 vide acknowledgment receipt No.785. It is stated in the complaint that the jacket was purchased by the complainant to safe himself from the O.P. Although the O.P promised to return the same within 7-8 working days but they did not do so.
2. Hence, the complainant has filed present complaint praying for refund amount of the goods and compensation of Rs.60,000/- towards mental agony and physical harassment.
3. The notice of the complainant was served on the O.P and has none appeared on behalf of the O.P, it was order to be presented ex-parte vide order dated 15.10.2014.
4. We have gone through the facts and copy of the email filed by the complainant. The documents on record show that the jacket purchased on 04.01.2013 and was deposited with the O.P on 19.01.2013 with the defects of wobbing. It was promised by O.P to return the same within 7-8 working days. The emails shows that as the complainant did not received the jacket back. He is not reminding through email. Copy of the email received by the complainant from Puma Customer Care shows “the replacement has to be done for the same amount which is spent for the product earlier.” The complainant was informed vide this email that the company did not have any refund also.
5. From the above facts it is proved that the jacket purchased by the complainant for a sum of Rs.6,299/- from the O.P was defective and the company offered for purchased any other item of the same amount which was not acceptable by the complainant. In view of the above facts and circumstances, we are of the view that the O.P has sold defective products and we direct the O.P to pay Rs.6,299/- along with interest @ 6% from the date of filing of the complaint till the date of order.
6. We also award a sum of Rs.2,000/- as compensation towards mental agony and physical harassment which will also include cost of litigation. This amount shall be payable within 45 days from the date of receipt of order till its actual realization.
Copy of the order be sent to the parties as per rules.
Announced this 29th day of December, 2015.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
