Punjab

Fatehgarh Sahib

CC/86/2021

Harmeet Singh - Complainant(s)

Versus

Punjab Furniture and other - Opp.Party(s)

Sh H S Mehta

29 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                   Complaint No. 86 of 2018

                                                                   Date of Institution: 26.08.2021

                                                                   Date of Decision: 29.04.2022

 

Harmeet Singh aged about 49 years, S/o Sh. Bachittar Singh, R/o Vikas Nagar, Mandi Gobindgarh, Tehsil Amloh, Distt. Fatehgarh Sahib.

                                                                                                                 …………....Complainant(s)

                                                Versus

1. Punjab Furniture House, Near Rajindera Book Depot, Gole Market, Mandi Gobindgarh through its proprietor Sh. Balvir Singh.
2. Kurlon Enterprises Ltd., 3^rd Floor, North Block, Manipal Centre, 47 Dickenson Road, Bangalore, 560042, through its authorized signatory.

..………........Opposite Party(s)

Complaint under Section 34 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Sh. Manjit Singh Bhinder, Member

Ms. Shivani Bhargava, Member

 

Present: Sh. H.S. Mehta,counsel for Complainant.

               OPs ex parte.

OrderBy

Pushvinder Singh, President

 

1.                  The present complaint has been filed by the complainant(hereinafter referred to as ‘CC’) against the opposite parties (hereinafter referred to as “OPs”) with a prayer to direct the OPs to replace  the mattresses and pay compensation of Rs.1,00,000/-.
2.                The CC alleged that he had purchased the Kurlon mattresses from the OP No.1 vide cash memo No.109 dated 10.11.2019 for Rs.6399/- with a warranty of two years. But the abovesaid mattresses got damaged within first year. CC visited to the OP No.1 many times, but the OP No.1 every time prolonged the matter from one pretext to another pretext. He alleged that the abovesaid mattresses have two years warranty and the OP No.1 assured the CC if any problem found in mattresses then the mattresses will be replaced within two years. After that CC lodged his complaint with the customer care of the OP No.2 and the OP No.2 also prolonged the matter from one pretext to another pretext and later on refused to entertain the claim of the CC. CC stated in the complaint that he purchased the abovesaid mattresses of branded company because of pain in his back but due to inferior quality of purchased mattresses the back problem has got worsen.
3.                   After that CC issued a legal notice through registered post to the OPs through his counsel Sh. Harbans Singh Mehta, Advocate, asking the OPs to replace the mattresses as per warranty and pay compensation for his sufferings. But OPs did not replace the mattresses neither did they pay any compensation. So the CC filed this complaint and  prayed to direct the OPs to replace the abovesaid mattresses and pay a compensation for physical and mental harassment.
4.                 Notice was given to the OPs through registered post and in spite of service on the OPs they did not appear to contest the present complaint, so they were proceeded against ex parte.
5.               In his ex parte evidence the CC furnished his affidavit in support of his complaint along with copy of invoice dated 10.11.2019 as Ex.C-1, copy of warranty card as Ex.C-2, copy of legal notice dated 07.07.2021 as Ex.C-3 and postal receipts as Ex.C-4 and Ex.C-5.
6.                We have heard counsel for the complainant and have gone through the file.
7.                As per the CC he purchased mattresses from OP No.1 of the OP No.2/Company vide cash memo No.109 dated 10.11.2019 for Rs.6399/- with warranty of two years. But the said mattresses got damaged within first year and the matter was reported to the OPs and complaint also lodged the complaint no.2198572 with customer care of OP No.2 and earlier OP No.2 delayed the mater and ultimately refused to accept the claim. The CC has pleaded in the complaint and has also deposed by way of affidavit as CW-1/A reiterating the allegations made in the complaint and the tax invoices as Ex.C-1 shows that the CC paid a sum of Rs.6399/- for mattresses of Kurlon Company. As per warranty card there was two years of warranty and as per allegations of the CC the mattresses got damaged within first year and he also issued a legal notice through his counsel copy of which is Ex.C-3 through registered post. But the Ops did not respond and we find that notice of complaint was also issued by this Commission to the OPs and in spite of the register posts received by the OPs they did not come present before this Commission to contest the present complaint. So we find that the allegations of the complainant stands proved by his unrebutted and unchallenged evidence.
8.                       In view of our abovementioned discussions, the complaint is partly allowed ex parte and the OPs are directed to replace the mattresses to the CC. The CC is also entitled for compensation of Rs.5000/- towards  physical and mental harassment and cost of litigation. In alternative the CC shall be entitled to receive back the amount of Rs.6399/- along with simple interest @ 8% per annum from the date of lodging of complaint by the complainant till the date of payment and shall also be entitled to recover Rs.5000/- as compensation for physical and mental harassment and cost of litigation. Compliance of this order be made by the OPs within a period of 60 days on receipt of certified copy of this order. The copy of this order be provided to the CC and OPs free of cost. The file be consigned to record room as per rules.
9.  
10.  

 

 (Pushvinder Singh)

                                                                              President

 

                                                                            

                                                                            

 

(Manjit Singh Bhinder)

 Member

 

 

 

 

(Shivani Bhargava)

 Member