BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.29 of 2024

      Date of Instt. 18.01.2024

      Date of Decision: 28.06.2024

Mr. Naresh Gupta, aged 71 years, Resident of 46/7, Friends Colony, Opposite DAV College, Jalandhar (Ph. No.94633-50195) (Now Deceased) through his LRs Asha Gupta w/o Naresh Gupta.

..........Complainant

Versus

Royal Appliances (Regd.) (Regd No.760273228) Home Appliances Company Division Office No.205, 2^nd Floor, New Apollo Estate, Mogra Lane, Andheri (East) Old Nagardas Road, Mumbai-400069.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       None for Complainant.

                   OPs exparte.

Order

Jaswant Singh Dhillon (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant (now deceased) had purchased a portable fan from the OP during an exhibition held in new grain market Jalandhar on 12.01.2023 for Rs.3500/- with one year warranty from the date of purchase. On 16.05.2023 when Naresh Gupta expired, the fan was used for the first time due to gathering but afternoon fan stopped working and fan on rent was to be arranged from the tent house in this scorching heat. Since June, 2023 the company has been informed telephonically many times and on whatsapp also, but till date the defected piece has not been replaced. On 11^th January, 2024 company asked his residential address so that the agent can approach to the complainant, but till date nobody has approached for replacement. From the above statement, it is clear that the act and conduct of the OP amounts to unfair trade practice and the OP is guilty of deficiency in service and as such, the present complaint filed with the prayer that the complaint of the complainant may kindly be accepted and OP be directed to pay the claim of Rs.3500/- with interest @12% per annum w.e.f. June 2023 till the date same is paid to the complainant and Rs.50,000/- as compensation for causing mental tension and harassment to the complainant.

2.                Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately, OP was proceeded against exparte.

3.                In order to prove his respective version, the LR of the complainant has produced on the file her respective evidence.

4.                We have gone through the contents of complaint very minutely.

5.                The case of the complainant is that the complainant (now deceased) had purchased a portable fan from the OP during an exhibition held in new grain market Jalandhar on 12.01.2023 for Rs.3500/- with one year warranty from the date of purchase, which is evident from Ex.C-1. As per Ex.C-2, on 16.05.2023 when Naresh Gupta expired,  the fan was used for the first time due to gathering but afternoon fan stopped working and fan on rent was to be arranged from the tent house in this scorching heat. Since June, 2023 the company has been informed telephonically many times and on whatsapp also, which is evident from Ex.C-3 and Ex.C-4, but till date the defected piece has not been replaced. On 11^th January, 2024 company asked his residential address so that the agent can approach to the complainant, but till date nobody has approached for replacement. Request has been made to allow the complaint.

6.                On the other hand, the OP has not come to contest the case. So, the version of the complainant remained un-rebutted and un-challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-4.

7.                By going through the case file very minutely, we have come to the conclusion that despite informing through telephonically and whatsup to OP, the OP failed to rectify the defect of the complainant. The fan of the complainant is within warranty period, so the OP is deficient in service and as such, the complainant is entitled for the relief and the complaint of the complainant is partly allowed and OP is directed to pay Rs.3500/- with interest @ 6% per annum from the date of purchase till its realization. Further, OP is directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant. The complainant is directed to return the defective fan to the OP at the time of receiving the award amount from the OP. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

28.06.2024         Member                          Member           President