DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1042/2016
D.No.________________________ Dated: _________________
IN THE MATTER OF:
PRAMOD S/o SH. OM PRAKASH,
R/o H. No. A-920, NEAR METRO STATION,
JAHANGIR PURI, DELHI-110033. … COMPLAINANT
Versus
1. M/s SHEELA FOAM PVT. LTD.,
AT C-55, PREET VIHAR,
VIKAS MARG, DELHI-110092.
2. ROYAL COMFORTS GALLERY,
AA-14, SHALIMAR BAGH, DELHI-110088. … OPPOSITE PARTY (IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 06.10.2016
Date of decision: 14.05.2018
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the OP thereby alleging that the complainant purchased three mattresses and four pillows from the shop of OP-2 on 19.11.2015 vide retail invoice no. 255 for Rs.37,000/- and the OP provided full guarantee upon allthe above said products for any kind of defect for 100% amount till 1 year as
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provided in the warrantee card as well as guarantee card. The complainant further alleged that after the regular use for 7 months of the said mattresses some pilling problem was created into the said 3 mattresses and the pillows were sagged. Thereafter, the complainant made 3 complaints to the manufacturing unit i.e. OP-1 on the customer care no. 18001036664 vide complaint no. 51593 dated 29.07.2016, complaint no. 52596 dated 19.08.2016 & complaint no. 54476 dated 18.09.2016 and the manufacturing unit i.e. OP-1 issued 2 redeemed vouchers against complaint no. 51593 dated 16.08.2016 amounting to Rs.13,200/- and against complainant no. 52596 dated 06.09.2016 amounting to Rs.19,800/- and the officials/executive of OP-1 assured the complainant that after showing the said vouchers to OP-2, he will issued new/fresh mattresses to the complainant but when the complainant reached to OP-2 alongwith the above said redeemed vouchers to get the said mattresses as per the assurance of OP-1, then OP-2 demanded the difference amount of the said alleged mattresses due to increase in the sale price for the same product. The complainant further alleged that the complainant tried his level best to convince the OPs but the complainant failed to do so and the OPs flatly refused to return the amount of said mattresses as per the redeemed vouchers and the OPs are not issuing the fresh mattresses to the complainant as per the guarantee card. The complainant further alleged that it has
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become clear that the OPs have sold the defective products to the complainant intentionally and deliberately to cheat the complainant. The complainant further alleged that the complainant several times requested the OPs to replace or settle the issues/damages/claim in respect to the said mattresses of the complainant and as such there is unfair trade practice and deficiency in service on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to replace the said inferior quality mattresses with a good quality mattresses as well as compensation of Rs.50,000/- for causing him mental torture and harassmentand also sought cost of litigation.
3. Notice was issued to Opposite Parties through speed post for appearance on 02.01.2017 and the notices were delivered on OP-1 on 05.11.2016 & OP-2on 07.11.2016 as per track reports but none for OPs appeared on 02.01.2017 & 09.03.2017 and as such OPs were proceeded ex-parte vide order dated 09.03.2017.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant placed on record copy of retail invoice dated 19.11.2015 regarding purchase of 3 mattresses and 4 pillows for Rs.37,000/- copies of guarantee cards & warrantee card and copy of voter ID card.
5. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the
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complainant. Accordingly, OP-1being the manufacturer is held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OP-1is directed as under:
i) To refund to the complainant an amount of Rs.37,000/-i.e. the price of the three mattresses and 4 pillows.
ii) To pay an amount of Rs.10,000/- as compensation towards mental agony harassment to the complainant as well as litigation cost.
7. The above amount shall be paid by OP-1 to the complainant within 30 days from the date of receiving copy of this order failing which OP-1 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP-1 fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 14th day of May,2018.
BARIQ AHMAD USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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