0CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.96/2015
SH. DHARAM PAL YADAV
F-45, GALI NO.16C, SADH NAGAR, PALAM COLONY,
NEAR JAT DHARAMSHALA
PUNJAB & SIND BANK WALI GALI,
NEW DELHI-110045
…………. COMPLAINANT
Vs.
M/S SINCERE BUSINESS GROUP
SALES & ADMIN. OFFICE:-
405 VISHAL BHAWAN,
95, NEHRU PLACE,
NEW DELHI-110019
…………..RESPONDENT
Date of Order:01.09.2016
O R D E R
Ritu Garodia, Member
The present complaint pertain to defect in water tank. Complainant purchased the Syntax water tank from OP on 25.03.14 for Rs.19,200/-. Copy of the bills annexed. It is stated that the water tank got distended in February 2015 alongwith some leakage of water. Complainant made the complaint to OP vide email dated 22.02.15 and he also visited the office of OP on 22.02.15 but he was told that he will have to pay Rs.5,000/- for replacement. Complainant has also annexed photographs of the defective water tank.
Notices were issued to OP and OP was proceeded ex parte on 07.10.2015.
Perusal of the file shows that the complainant has purchased a water tank on 25.03.14 and complaint was made on 22.02.15. The photographs clearly show that there was deformation in the body of the water tank. A product is purchased for long term utilization. If it develops a defect within a year of purchase, the product should be replaced.
OP has not controverted the allegations in spite of the summon issued. Hence we find OP guilty of selling defective product and we direct OP to refund Rs.19,200/- alongwith 9% interest from the date of defect till payment. We also award Rs.5,000/- towards compensation for harassment inclusive of litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (RITU GARODIA) (A.S. YADAV)
MEMBER MEMBER PRESIDENT