Chandigarh

DF-I

CC/853/2022

MOHAMMAD FAISAL - Complainant(s)

Versus

RELIANCE DIGITAL - Opp.Party(s)

In Person

01 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

 

Consumer Complaint No.	:	CC/853/2022
Date of Institution	:	04/10/2022
Date of Decision	:	01/03/2023

 

 

Sh. Mohammad Faisal, 368, Phase 2, BDC, Sector 26, Chandigarh.

… Complainant

V E R S U S

Reliance Digital Mukrampur, Near Chunni Kalan, Punjab

… Opposite Party

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Complainant in person
	:	OP ex-parte

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Sh.Mohammad Faisal, complainant against the opposite party (hereinafter referred to as the OP).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that the complainant had purchased one Kelvinator refrigerator from the OP by paying an amount of ₹54,990/- vide receipt cum bill (Annexure C-1). In order to deliver the said refrigerator, two persons came alongwith the delivery van, but, they refused to place the refrigerator inside the house of the complainant despite of repeated requests by him. Thereafter the said refrigerator was taken back by the said delivery boys. The complainant contacted the OP by sending email requesting them to send sufficient labour to place the refrigerator inside his house safely, even on payment of the charges of the labour by the complainant. On 4.5.2022, again OP sent the shipment with only two persons who had put the refrigerator outside, even without showing physical condition of the product. Thereafter, when the complainant felt helpless, he called the labour for putting the refrigerator inside his house and had paid an amount of ₹4,000/- to the labour.  On removal of the cover of the refrigerator, complainant was shocked to see dents on the product.  Thereafter, intimation qua the dents was also given by the complainant to the OP and on this an engineer of the OP visited the house of the complainant and assured that the refrigerator will be replaced soon, but, till date, nothing has been done.  On 25.7.2022, the front glass of the refrigerator got damaged on its own regarding which complainant had also raised the issue with the OP and thereafter the engineer of the OP again visited the spot and later on when the complainant checked the status of his complaint on the App given by the OP, it was found that the request got “cancelled”.  In this manner, OP has indulged in unfair trade practice by selling a defective and damaged product to the customer and has also not even provided the customer care support after delivering the damaged/defective product.  OP was requested several times to admit the claim, but, with no result. Hence, the present consumer complaint.
2. Since OP refused to accept notice of the complaint, it was presumed to be served and when OP did not turn up before this Commission, despite proper service, it was proceeded against ex-parte vide order dated 17.11.2022.

2. In order to prove his case, complainant tendered/proved his evidence by way of affidavit and supporting documents.
3. We have heard the complainant in person and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that he had purchased the Kelvinator refrigerator on 2.5.2022 for an amount of ₹54,990/- vide receipt cum bill (Annexure C-1) and the same was not placed inside his house by the delivery boys deputed by the OPs for the installation of the refrigerator and later on some dents were noticed when the said refrigerator was unpacked by the complainant and front glass of the refrigerator was also damaged on its own on 25.7.2022 and the OP has not responded despite of repeated complaints and requests of the complainant informing the OP that certain defects have been noticed in the said product and the said act of the OP amounts to unfair trade practice, the case is reduced to a narrow compass as it is to be determined if the defects, as pointed out by the complainant in the said refrigerator i.e. dents were caused by the OP and it had supplied a defective product to the complainant and the OP has not responded to the request of the complainant and the complainant is entitled for the claim as prayed for due to the indulgence of the OP in unfair trade practice by selling a defective and damaged product to the complainant.
   2. In order to prove his case, complainant has only tendered his self attested affidavit and copy of the shipment details showing that an amount of ₹54,990/- i.e. price of the product was paid by him to the OP.  As per the case of the complainant, when the two delivery boys first time came with the said product in order to deliver the same to the complainant, they refused to place the refrigerator inside the house of the complainant and on 4.5.2022 again when the two boys came for delivery of the refrigerator, they had placed the same outside, without showing the physical condition of the product, as a result of which the complainant was compelled to place the said product inside his house by calling the labour to whom he had paid ₹4,000/-.  However, no such bill/receipt has been placed on record by the complainant showing that he had actually paid an amount of ₹4,000/- to the labour for placing the refrigerator inside his house and to that extent the complainant is not able to prove the allegations made in the consumer complaint. 
   3. Similarly, the complainant has also come with the plea that when the factum of dents in the said refrigerator was brought to the notice of the OP, an engineer of the OP visited the house of the complainant and assured that the refrigerator will be replaced soon.  Even to that extent, there is no iota of evidence on record showing that the said fact was brought to the notice of the OP by the complainant immediately after noticing the said dents in the product or the engineer of the OP inspected the product and assured that the product will be replaced. 
   4. Another allegation made by the complainant against the OP is that on 25.7.2022, the front glass of the refrigerator damaged on its own, regarding which he had made complaint to the OP through app after which engineer of the OP had inspected the product and later on when the status of his complaint was checked, it was found that the request was got cancelled.  Even in order to prove the damage to the front glass or dents to the product, complainant has not led any evidence by placing or proving any photographs or other evidence showing that the product was found damaged as alleged.  Not only this, even nothing has come on record that the complainant ever raised the issue of damage to the front glass of the refrigerator with the OP through the app.  
   5. No doubt the OP has been proceeded against ex-parte, but, despite of that the complainant is required to prove his case as set up in the consumer complaint.  However, as already discussed above, since the complainant has failed to prove on record that the subject product was in damaged condition (with dents) when it was handed over to him and also that the front glass was damaged of its own and nothing has come on record that the complainant ever approached the OPs through its app or by making any complaint, we are of the opinion that the complainant has failed to prove on record that there is unfair trade practice on the part of the OP and the complainant is not entitled for the reliefs as prayed for in the consumer complaint.
4. In the light of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
5. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 01/03/2023 hg			Sd/- [Pawanjit Singh] President
			Sd/- [Surjeet Kaur] Member
			Sd/- [Suresh Kumar Sardana] Member