Delhi

North East

CC/171/2017

Jitendra Singh - Complainant(s)

Versus

Shri Ram Paint, Hardware - Opp.Party(s)

23 Apr 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 171/17

 

In the matter of:

 

	Sh. Jitender Singh S/o Shri Mahilal Pal R/o C-2 / 674 Gali No. 16 Harsh Vihar, Delhi-110093	Complainant
	Versus
1         2	Shri Ram Paints H/W Electric & Sanitary Store 122/A, Bank Colony, Mandoli Delhi-110093   AARAV PUMPS Submersible & Monoblock Pumps Electric Motors H-318, Street No. 5, Brahampuri, Delhi-110053	Opposite Parties

 

DATE OF INSTITUTION:     JUDGMENT RESERVED ON:                 DATE OF DECISION  :

25.05.2017 23.04.2019 23.04.2019

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. The grievance of the complainant in the present complaint against the OPs is that he had purchased a water motor manufactured by OP2 from OP1 dealer on 30.05.2016 for a sum of Rs. 2,200/- vide invoice no. 046. The said motor had warranty of one year. However, the said motor stopped functioning few months after purchase for which reason the complainant went to OP1 dealer who asked him to visit OP2 manufacturer for redressal of his grievance. When complainant reported about the malfunctioning of the said water motor to OP2, it sent one of its workers to complainant residence who de-installed the water motor and took it away with assurance to the complainant that the same shall be sent to OP2 for rectification of defect and thereafter shall be installed back in the premises of the complainant. But nobody ever came back with the water motor from OP2 nor gave any satisfactory reply and the OPs kept passing the responsibility on to each other and misbehaved with the complainant. Therefore, the complainant was compelled to initiate legal proceedings against the OPs by way of the present consumer complaint praying for issuance of direction against the OPs to pay a sum of Rs. 20,000/- as compensation for mental and physical harassment inclusive of litigation charges.
2. Complainant has attached copy of retail invoice of purchase of water motor from OP1 and copy of warranty card issued by OP2 manufacturer.
3. Notice was issued to the OPs on 10.07.2017 which was served on both OPs on 22.07.2017. However none appeared despite service and they were proceeded against ex-parte vide order dated 20.12.2017.
4. Complainant filed ex-parte evidence by way of affidavit and written arguments on 26.03.2018 and 20.12.2018 respectively in reassertion of his grievance against the OPs.
5. We have heard the arguments addressed by the complainant and have perused the documents placed on record. The water motor purchased on 30.05.2017 had a warranty of one year but as per the complainant, it did not last for more than two-three months. In absence of rebuttal by the OPs to the allegation leveled by the complainant, the same stand affirmed against OPs and adverse inference is drawn against Ops for deficiency of service in having sold a defective water motor and failed to repair / replace the same while it was within the warranty period. We therefore allow the present complaint against both the OPs as dealer and manufacturer as the liability of both is coextensive in such cases as held by Hon'ble National Commission in catena of judgments. We therefore direct OP1 & OP2 jointly and severally to pay compensation of   Rs. 5,000/- to the complainant towards mental harassment and agony inclusive litigation charges. Let the order be complied by all the OPs within the 30 days from the date of receipt of copy of this order.
6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on  23.04.2019

 

(N.K. Sharma)      President

(Sonica Mehrotra)  Member