Delhi

North East

CC/211/2023

Jyoti - Complainant(s)

Versus

Sleepwell Sheela Foam Ltd - Opp.Party(s)

12 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

Complaint Case No. 211/23

In the matter of:

14.02.

CORAM:

Surinder Kumar Sharma, President

Ms. Adarsh Nain, Member

ORDER

Ms. Adarsh Nain, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against Opposite Party alleging deficiency in services.

Case of the Complainant                                                                 

1. The case of the Complainant as revealed from the record is that on 06.04.22, Complainant purchased 2 mattresses from Naveen Emporium i.e. Opposite Party No.2 of total amount of Rs. 8,000/-.  Initially, the said mattresses worked well but after using the said mattresses, deep spots started appearing in the mattresses and the problem consistently occurred. Thereafter on 02.03.23 Complainant visited Opposite Party No.2 and Opposite Party No.2 told Complainant to call customer care of Opposite Party No. 1 as Opposite Party No.2 is not responsible for any kind of damage and on the same day Complainant registered complaint to
2. None has appeared on behalf of Opposite Parties despite service of notice. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 22.11.23.

Ex-Parte Evidence of the Complainant

3. The Complainant in support of her complaint filed her affidavit wherein she has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the authorised representative of the Complainant. We have also perused the file and the written arguments filed by the Complainant.The case of the Complainant is that Complainant had purchased 2 mattresses from Naveen Emporium i.e. Opposite Party No.2 of total amount of Rs. 8,000/- and after using for  a while, the problems started appearing like deep spots. It is alleged that despite several complaints made by the Complainant regarding the bad quality or defects in the mattresses, the same were not resolved by the Opposite Parties. The Complainant has alleged deficiency in services and prayed either to issue fresh mattresses with properly guarantee or any other item of foam of worth Rs. 8,000/- or pay the actual price of mattresses which is Rs. 8,000/-.
5. We have considered the contentions of the Complainant and also perused the record of the file. The Complainant has produced the copy of Purchase invoice and of warranty card issued by Opposite Party No.1 who is the manufacturer. On perusal of said document, it is observed that the Complainant has paid            Rs. 8,000/- for the mattresses. The allegation of the Complainant is that there was some problem with the mattresses like deep spots, material falling down and the same was not rectified by the Opposite Party. We note that at the back side of the warranty card, it is written that the Warranty is limited to sagging, crumbling and natural disintegration under normal conditions of domestic use which shows that the Opposite Party was under obligation to rectify the issues falling under the said warranty. The contention of the Complainant is that the Opposite party failed to resolve the issue, hence, committed deficiency of service.
6. It is to be noted here that none of the Opposite parties has put in appearance in spite of notice and failed to file its version, hence, we are left with no option except to believe the version of the Complainant which is testified on oath.
7. Since the allegations are related to the quality of the subject product manufactured by Opposite Party No.1, Opposite Party No.2 being the dealer cannot be held responsible for the defective product. In view of above discussion and the unrebutted and uncontroverted testimony of the Complainant regarding the deficiency of services on the part of Opposite Party No.1 i.e. Sleepwell Sheela Foam Ltd., we are of the considered view that the Opposite party 1 which is Sleepwell Sheela Foam Ltd., the manufacturer has been deficient in services by not providing the satisfactory services to the Complainant as they neither repaired nor replaced the subject product.
8. Thus, we allow the present complaint and direct the Opposite Party No.1 i.e. Sleepwell Sheela Foam Ltd., to refund to the Complainant Rs. 8,000/- the cost of the Subject product with interest @9% per annum from the date of institution of the complaint till its recovery. The Opposite Party No.1 is further directed to pay Rs.10,000/- towards compensation and litigation cost with 9 % interest from the date of this order till its recovery.
9. Order announced on 12.07.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.