Delhi

North

CC/20/2021

MANOJ KUMAR - Complainant(s)

Versus

ROSMERTA SAFETY SYSTEM PVT. LTD. - Opp.Party(s)

ABHISHEK KANKERWAL & ASHUTOSH GUPTA

25 Jan 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: 20/2021

 

Sh. Manoj Kumar,

S/o Sh. Late Ishwar Chand,

R/o A-249/250,

Street No. 14, East Azad Nagar,

Delhi-110051

M. No. 9968292938

Email: goelmanojkr@gmail.com                               …           Complainant

 

                                                          Vs

 

M/s.Rosmerta Safety Systems Pvt. Ltd.

Through its Director,

Sh. Pradeep Kumar Goyal,

Registered Office: F-119,

Mayapuri Industrial Area,

Phase-II, New Delhi-110064

Ph. No. 91+11-45623620

Email: support@utsavhsrp.com                           …                 Opposite Party

 

ORDER

25/01/2023

 

Ashwani Kumar Mehta, Member:

 

          The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts as alleged by the Complainant in the Complaint in hand are that the Complainant had booked an HSRP for his vehicle/Bike bearing registration no. DL13SK-8041 via online booking bearing Order ID-BMDLABFD17D9-50CF-46_dated 25.12.2020 from the Opposite Party which was having validity only upto 08.02.2021. The said booking of HSRP was done for home affixation of the HSRP and accordingly applicable home delivery charges were also paid by the complainant for affixation of HSRP on 24.01.2021 between 2:00 pm to 6:00 pm. The Complainant being a practicing lawyer, the deponent had to cancel a consultation meeting with his prospective client for the reason that the field staff/fitting man of the respondent company was supposed to visit the home of the complainant for affixation of HSRP on his vehicle on the said date i.e. 24.01.2021 and kept on waiting since morning until late evening but staff member/field staff did not visit to affix the HSRP on the said date. Therefore, the complainant contacted the Opposite Party on 25.01.2021 on its toll free no. i.e. 18001200201, intimating and lodging his grievance and in turn, one Sh. Suresh (who spoke on behalf of respondent company) informed that the grievance/ complaint has been registered vide Complaint No. BMH 449042 dated 25.02.2021 and he further assured  complainant that the issue would be resolved within 24-72 hours and booked HSRP will be affixed within 24-72 hours but nothing was done by the respondent company even after expiry of more than 72 hours since the time of lodging of complaint on 25.01.2021 which affected the work of the Complainant who had to send one Proxy Advocate for attending cases on his behalf in Tis Hazari Courts on 25.01.2021 and 27.01.2021 as the complainant remained at his home only for getting  the HSRP affixed on his vehicle as per the assurance extended by the respondent company but none turned up  for affixing the HSRP on his vehicle on even on 25.01.2021 and 27.01.2021. It was informed by the OP via email dated 28.01.2021 that the issue has been registered vide Ticket No. 977687 and would be resolved within 24-48 hours on 31.01.2021, the Complaint again complained on its above mentioned toll free number whereupon one Sh. Ankush on behalf of the OP,  assured that booked HSRP will be affixed on the vehicle of the Deponent latest by Monday i.e. 01.02.2021 but the HSRP was not affixed. As such, finding no other way for this Deficiency in Services, the present complaint was filed on 03.02.2021 and after filing of the present case, the OP affixed the HSRP in the last week of March 2021. In the instant complaint, the Complainant has prayed for direction to the OP for payment of:

 

1. Compensation/damages to the tune of Rs.11,000/- suffered on account of loss of income,
2. Compensation to the tune of Rs.10,000/-  on account of mental pain and agony caused to the complainant by the OP.

 

Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did he send any communication despite service of the notice. As such, the OP has been proceeded ex-parte and the case has been examined on merits on the basis of the records/documents and evidences available on records which is sufficient to prove that there is certainly a deficiency of service on the part of the OP in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

 

Therefore, we feel appropriate to direct the OP (M/s. Rosmerta Safety Systems Pvt. Ltd) to pay Rs.5000/- (Rupees five Thousand only) within thirty (30) days from the date of this order as compensation/damages for loss of income, mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @9% per annum from the date of expiry of 30 days period.

 

Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 

ASHWANI KUMAR MEHTA                                     DIVYA JYOTI JAIPURIAR

                       Member                                                                   President       

            DCDRC-1 (North)                                                    DCDRC-1 (North)