DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR
Consumer Complaint No.46 of 2021
Date of institution: 23.06.2021
Date of Decision: 03.03.2022
Sunny Verma aged about 29 years son of Krishan Lal, proprietor Sunny Jewellers, Rupnaga
…….Complainant
Versus
Shiv Shakti Safe Company, Jalpali, SMPR, Sikkar, (Rajasthan) through its proprietor/partner/authorized person.
……..Opposite Parties
Complaint under Consumer Protection Act.
Quorum: Shri Ranjit Singh, President.
Smt. Ranvir Kaur, Member
Present: Ms. Diksha Verma, Adv. counsel for complainant
O.P. ex-parte.
Order dictated by :- Shri Ranjit Singh, President
Order
The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Party on the ground that the complainant is running the business of jewellery shop under the name and style of M/s Sunny Jewellers in Rupnagar, Punjab. On 18.10.2019, the complainant had purchased High Class Fire Proof Locker worth Rs.1,16,375/-, weighing 1225 Kgs @ 95/- per Kg from the Opposite Party for keeping expensive jewellery items. The complainant paid Rs.45,000/- as advance amount. The opposite party supplied the locker through Sunil Road Carriers having bill No.2273 dated 18.10.2019 and along with bill here were two kandas slips showing weight of locker and truck number, one slip of Natraj Computerized Dharam Kanda, Shrimadhopur vide receipt No.3021 dated 19.10.2019 and other Shiva Computerized Dharam Kanda Nangal Road, Ropar vide slip No.29648 dated 20.10.2019. Further the opposite party had issued the bill No.508 dated 18.10.2019 amounting to Rs.47,200/-. The opposite party promised to issue balance bill after sometime but after repeated requests, the OP has not issued the bill. Thus, alleging deficiency in service on the part of OP. for the said act and conduct, the complainant has sought the following relief:-
- To deliver the bill for the full amount
- To pay Rs.50,000/- for mental tension, harassment and agony suffered by the complainant.
- To pay the complainant Rs.33,000/- on account of legal expenses
- Any other relief which this Hon’ble Commission deems fit may also be granted to the complainant.
2. On being put to the notice, none appeared on behalf of O.P. Accordingly, the OP was proceeded against ex-parte vide order dated 27.08.2021
3. We have heard the learned counsel for the complainant and have gone through the record file, carefully and minutely.
4. Since, all the allegations of the complainant are un-rebutted, un-challenged and no one has come forward to contest the claim of the complainant. We have no alternative except to appreciate the complaint as well as the evidence of the complainant, which appears to be cogent, reliable and trustworthy. It is on the file that the complainant had purchased the safe for his jewellery shop from the Shiv Shakti Safe Company and paid Rs.47,200/-. The complainant has claimed that the OP has deliver the old locker/safe to the complainant after colouring the same and the complainant is entitled to refund the amount paid by him to the OP. It is on the file that the complainant had paid Rs.78,575/- in cash, which is shows from Ex.C1.
5. It is important to mention here that the complainant is being aggrieved by receiving old safe/locker, so the OP is liable to replace the same. Since the OP has chosen to remain ex-parte and otherwise the evidence of the complainant appears to be cogent, reliable and trustworthy.
6. It is pertinent to mention here that the Consumer Protection Act, 2019, is benevolent legislation enacted to help the consumers, which are being regularly harassed by the unscrupulous traders. 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.
7. No doubt, the complainant felt harassed with this act of the OP. So we are of the opinion that complainant is entitled to replace the defective locker/safe. The complainant is also entitled to compensation for the harassment suffered in the hands of the OP.
8. In view of the discussion made above, the present complaint is allowed exparte. Accordingly, it is ordered that the O.P will replace the safe/locker. Further, the O.P is burdened to pay an amount of compensation to the tune of Rs.20,000/- to the CC. The OP is further directed to comply with the above said order within a period of 30 days from the date of receiving of certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The files be consigned to record room.
March 03 2022
(Ranjit Singh)
(Ranvir Kaur)
