BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.      

                                                          Complaint No.: 337 of 2015.

                                                          Date of Institution: 21.12.2015.

                                                          Date of Order: - 20.08.2020

Bijender @ Vijender son of Shri Krishan resident of village Legha Bhanan, Tehsil & District Bhiwani.

                                                                             ….Complainant.

                                      Versus

1.Shankar Pardhan son of Shri Bhagwana Ram, resident of village Legha Bhanan, Tehsil & District Bhiwani, Proprietory/owner of Pardhan Pawan Agency, Bhiwani.

2.R.S.Irritech Private Limited, 64, Bajrang Bali Colony, Bhiwani.

2^nd Address

Sector 21, Industrial Area, Bhiwani through its proprietor.

3.Metro Irrigation Private Ltd. Sector 21, Industrial Area, Bhiwani, through its authorized signatory.

…...Opposite Parties.

                             Complaint under Section 12 of the

 Consumer Protection, Act, 1986.

Before: -      Hon’ble Mr. Nagender Singh, President.

                   Hon’ble Mr. Shriniwas Khundia, Member.

Present:       Sh.Satender Ghanghas, Advocate for complainant.                           Opposite parties exparte.

ORDER:-

NAGENDER SINGH, PRESIDENT

                   Brief facts of the complainant’s case are that the complainant had purchased pipes, adopters, foot baton, Bend, T etc. from opposite party No.1 vide bill dated 18.12.2013 for a sum of Rs.74262/- whereas opposite party No.2 is the dealer of the products manufactured by opposite party No.3. The products in question were having warranty of two years but despite that there developed holes in the same within two months, therefore, the same become useless for the complainant. The complainant approached the opposite parties and requested either to replace the products or to refund the cost thereof but to no avail. Due to deficiency in service on the part of opposite parties, the complainant has suffered harassment, mental agony and financial loss. Hence, this complaint.

2.                Notices were issued to the opposite parties but no one appeared on behalf of opposite parties No.1 & 2 and the opposite party No.3 refused to receive the summons, therefore, the opposite parties were proceeded against exparte vide order dated 10.02.2016, 26.07.2017 and 18.03.2019.

3.                In evidence, the complainant has tendered his affidavit Ex.CW1/A and documents Annexure C1 to Annexure C8.

4.                We have heard learned counsel for the complainant at length and gone through the case file carefully.

5.                The complainant has pleaded that he had purchased pipes, adopters, foot baton, Bend, T etc. from opposite party No.1 vide bill dated 18.12.2013 for a sum of Rs.74262/- , whereas opposite party No.2 is the dealer of the products manufactured by opposite party No.3. The products in question were having warranty of two years but despite that there developed holes in the same within two months, therefore, the same become useless for the complainant. In support of his plea he has placed his duly sworn affidavit Ex.CW1/A alongwith photocopy of bill Annexure C1, photographs Annexure C2 to Annexure C7 and photocopy of adhar chard Annexure C8. Perusal of the photographs Annexure C2, Annexure C3 and Annexure C6 clearly reveals that the number of pipes and other connected components are in broken condition and are useless. The complainant in his affidavit and complaint has clearly depicted that the pipes and other components purchased from the opposite parties were having two years warranty but despite that the opposite parties have neither replaced the pipes nor refunded the cost thereof. On the other hand, the opposite parties even failed to appear before this Forum in the present complaint to rebut the case of the complainant.  It appears that the opposite parties have nothing to say in this case to controvert the stand taken by the complainant.  Therefore, the case of the complainant remained unchallenged and un-rebutted.  The complainant in his complaint has prayed for refund of Rs.74262/- i.e. billed amount but the photographs clearly reveals that number of pipes and other connected components are in broken condition and useless, therefore, this plea is declined because the complainant has failed to produce on the case file any report of the expert to show the exact quantity of defective pipes. Somehow, the photographs clearly reveals that some pipers and connected components are in broken condition. Hence, keeping in view of the circumstances mentioned above, the complaint of the complainant is partly allowed and the opposite parties are directed as under: -

(i)       To pay Rs.Rs.37000/- (in round figure) being 50 % of the bill amount Annexure C1.

 (ii)     To pay Rs.3000/- as compensation on account of mental agony, physical harassment & hardship due to deficiency in service and unfair trade practice on the part of opposite parties and cost of litigation.

The compliance of the order shall be made within 30 days from the date of the order.  In case of default, the opposite parties shall liable to pay interest @ 9% p.a. from the date of passing of order till its realization on the amount mentioned in column No.(i).  Certified copies of the order be sent to parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: - 20.08.2020

                             (Shriniwas Khundia)           (Nagender Singh)

                            Member                                    President,

                                                              District Consumer Disputes

                                                          Redressal Commission, Bhiwani.