DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR

                                             Consumer Complaint No.45 of 2021

                                             Date of institution: 23.06.2021

                                             Date of Decision:   04.04.2022

Mahinder Singh Ward No.9, Matour Near Police Line Colony, Sri Anandpur Sahib, District Ropar

…….Complainant

Versus

Sardar Point Electronic, Bela Chowk, Tehsil Anandpur Sahib, District Rupnagar & & Bhatia Traders Company, Ravidas Chowk, Anandpur Sahib   

                                                    ……..Opposite Party

Complaint under Consumer Protection Act.

Quorum:   Shri Ranjit Singh, President.

                       Mrs. Ranvir Kaur, Member

Present:    Sh. Harminder Singh, Adv for complainant

OP ex-parte.

Order dictated by :-  Sh. Ranjit Singh, President

Order

1. The present order of ours will dispose of the above complaint filed under the Consumer Protection Act, by the complainant against the Opposite Party on the ground in May 2020 I called Sarabjit Singh, the owner of the Sardar Electronic Point and he said to take four things i.e. LED 53 Inch, Oven, A.C. and Refrigerator Double Door. He gave the LED and Oven to my house on the same day and said that that Rs.50,000/- gave to my father’s shop i.e. Bhatia Trader and remaining Rs.60,000/-I will get Bajaj Finance done. Only one LED and oven was delivered by the OP to the complainant. After its purchase, the LED was giving trouble.  They took it in our name and did not give us AC and Fridge Bar kept calling us to give him the goods and he told us that our shop is being repaired and we will give the goods and he told us that our shop is being repaired and we will give the goods after some time when he did not give us AC and fridge for 15 days. He kept repairing his shop with our money. Decided not to take anything from them. We told them that you belong to Bajaj Finance give it back. We will not refund. You will have to pay the installments he said Sir, when we did not get the goods, why did we pay the installment?. Finally we got annoyed and reported to the police at Sri Anandpur Sahib police Station. Sent to Sardar Point and told you to take a small fried at 12500 and we return the rest of money to Bajaj Finance and give you NOC. We then obeyed and paid 12500 cash to Bhatia Trader they took the small fried but still they did not pay Bajaj Finance. They started giving money in installments. I was still patient that they would refund the full amount but they again did the trick. The installments were deducted and I called him again and he started telling me that you know and the financiers know I don’t know anything sir these two Sarabjit and Bhatia Traders are bothering me a lot. They have invested a lot of money in me and they are neither paying me anything nor paying the deductible installment. I have been very upset for over a year now. The complainant refused to do the repairs because it did not have a bill. I spent a lot of money to fit it. Thus, alleging deficiency in service on the part of the O.P. the CC had sought the following reliefs:-

1. That replace the LED in question 
2. To pay Rs.50,000/- as compensation   
3. To pay Rs.15,000/- as litigation expenses. 

2. The CC in support of his case tendered in evidence various documents. 
3. We have heard the complainant and have gone through the record of this case.
4.  Since the OP has chosen to remain ex-parte and otherwise also the evidence of the CC appears to be cogent, reliable and trustworthy. We have no alternative except to believe the contents of the complaint as well as documentary evidence attached with the complaint by the CC. It is, proved on the file that the after few days of purchase, the LED in question started giving trouble and till date neither repaired the LED in question nor refund the amount by the OP. The CC had also submitted the documents to prove that Bajaj Finance has deducted the amount of Rs.7500/- from the account of the complainant. We have also perused an email, which is clearly shows that Bajaj Finance has received Rs.7500/- from the complainant. We have also perused Mini Statement.  
5. It is pertinent to mention here that the Consumer Protection Act, 2019, is benevolent legislation enacted to help the poor consumers, which are being regularly harassed by the unscrupulous traders, who even after receiving the money do not provide the proper services to the consumers. We feel that the very purpose of the Consumer Protection Act, 2019, will fail if such types of traders are not brought to book and asked to pay compensation.
6. In view of our above discussion, we allow the present complaint and O.P. is directed to replace the LED in question with the new one. OP is further directed to pay Rs.7500/- to the complainant. It is further ordered that the O.P will pay a compensation to the tune of Rs.15000/- and litigation cost of Rs.5000/-. Free certified copies of this order be sent to the parties, as per rules. The file be indexed and consigned to record room.
7.  

April 04,2022

(Ranjit Singh)

(Ranvir Kaur)