Delhi

North

CC/103/2021

VIKRAM BAWEJA - Complainant(s)

Versus

SLEEPWELL TOWER - Opp.Party(s)

03 Aug 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: 103/2021

 

In the matter of

VIKRAM BAWEJA,

ADVOCATE

CHAMBERS NO.447-448,

CIVIL WING, TIS HAZARI COURTS,

DELHI-110054.                                                                                               …..COMPLAINANT

 

VERSUS

SLEEPWELL TOWER

14, SECTOR-135,

NOIDA-201301 (U.P.)                                                                                            ….OPPOSITE PARTY-1

ACE COMFORT GALLERY

GP-8, OPPOSITE GOPAL MANDIR,

PITAMPUA, DELHI-110034.

THROUGH ITS PARTNER

 SHRI ROHIT LUTHRA                                                                                         ….OPPOSITE PARTY-2         

ORDER

03/08/2023

 

Ashwani Kumar Mehta, Member:

 

1.            The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the complainant  had placed an order for purchase of two mattresses on 08.06.2021 with the Opposite Party No.2 who is the authorized dealer of the Opposite Party No.1, which is a leading brand for sale / supply of mattresses  under the name and style of ‘SLEEPWELL’ and accordingly, a representative / executive of the Opposite Party No.2 had visited the house of the complainant for taking the measurement of the double bed of the Complainant so that new mattresses could be supplied as per the  measurement of the bed of the complainant. The complainant had given a sum of Rs.2,000/- in cash to the representative of the Opposite Party No.2 and the order was booked by the Opposite Party No.1 which shall be supplied by the Opposite Party No.1 being the manufacturer of SLEEPWELL Mattresses and it was assured to the complainant that the same shall be supply with a week at the residence of the complainant. Thereafter, the Opposite Party No.1 raised an invoice dated 14.06.2021 bearing  No.S1DLH233/TI/141 dated 14.06.2021 for a total sum of Rs.14,402/- and the two mattresses were duly supplied at the residence of the complainant on 15.06.2021 and the balance amount of Rs.12,402/- was duly paid in cash by the complainant to the representative of the Opposite Party No.2, who had supplied the two mattresses at the residential address of the complainant. Copy of invoice has been annexed with the complaint. It has further been alleged that at the time of placing the two mattresses by the representative of the Opposite Party No.2, it was pointed out to him by the complainant that there is a difference in sizes of the two mattresses and the same is not looking nice / good on bed as there is some difference in the size of both mattresses as the one mattress is not as per the specifications of the bed and there is a gap between the border of the bed and the mattress which is not looking nice and not giving the impression of the new mattress. Printout of the photographs of the mattresses have also been annexed with the complaint.

2.           It has further been alleged that representative of the Opposite Party No.2, who had delivered the mattresses, had admitted the difference in the size and accordingly, he made a call to the manager of the Opposite Party No.2 namely Shri Sumit Kumar in this regard. The complainant had also made a complaint to this effect to Mr. Sumit Kumar, the manager of the Opposite Party No.2, who acknowledged the same by seeing the photographs on his whatsapp number and he assured the complainant that he will made a complaint to the Opposite Party No.1 to this effect as the mattresses are not being delivered as per the size taken by the representative of the Opposite Party No.2. Thereafter, the complainant himself had also made various complaints through email to the Opposite Party No.1 on 16.06.2021 and 19.06.2021, raising the grievance of the complainant on the official mail ID of the Opposite Party No.1 as well as the mail ID of the Opposite Party No.2 and even the manager of the Opposite Party No.2, Mr. Sumit Kumar had made a complaint to the Opposite Party No.1 and accordingly a formal complaint was registered on 19.06.2021 vide complaint No.179031 as per the SMS received by the complainant. Thereafter, no action was taken by the Opposite Parties with regard to the above complaints. However,  once a courtesy call was made by Shri Sumit Kumar to the complainant requesting the complainant to send the pictures of the mattresses to one Shri Jitender Kumar who has been assigned the above mentioned complaint but no action was taken by OPs even after sending the photographs of the mattresses to Shri Sumit Kumar as well as Shri Jitender Kumar.  

3.            It has further been alleged that  the complainant was left with no other option but to send a legal notice to the Opposite and accordingly, a legal notice to this effect was sent to the Opposite Parties through speed post on 30.06.2021 and the same has been duly delivered as per the tracking reports of the speed post. The copy of the legal notice as well as postal receipts and tracking reports have been annexed with the complaints. The Opposite Parties did not reply the same and the complaint of the complainant has not been redressed as there is a manufacturing defects in the mattresses supplied by the Opposite Parties to the complainant in lieu of the order being placed for two new mattresses for the bed of the complainant and the same is duly covered under the warranty and moreover the defect in the said mattresses was duly intimated to the Opposite Party No.2 as well as the Opposite Party No.1 immediately on the delivery of the same, hence,  present complaint has been filed with the prayer to :-

a)           pass an order in favour of the complainant and against the Opposite Parties, thereby directing the Opposite Parties to replace the two mattresses with the proper size as per the specification of the bed of the complainant or in the alternative refund the amount of the mattresses to the tune of Rs.14,402/-;

b)            pass an order in favour of the complainant against the Opposite Parties thereby directing the Opposite Parties to pay a sum of Rs.25,000/- as compensation towards mental harassment and torture / mental agony;

c)            cost of the present complaint may also be awarded in favour of the complainant and against the Opposite Parties.

4.           Accordingly, notices were issued to the OPs to defend the complaint before the commission but the OPs neither appeared nor did they send any communication despite service of the notice. Since the OPs chose not to appear despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records which are sufficient to prove that the Opposite Party 1 & 2 failed to ensure delivery of mattresses as per the measurement given by the Complainant. Therefore, we are of the considered view that the complainant has suffered directly due to deficient service of the OPs in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.               

5.            Therefore, we feel appropriate to direct:-

I.  OP-1 (M/s. Sleepwell Tower) to pay Rs.14402/- (Rupees Fourteen Thousand Four Hundred Two only) to the complainant within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 16-07-2021 (date of filing of complaint) till the date of the payment for deficiency in service.

II. OP-1 (M/s. Sleepwell Tower) to pay Rs.15,000/- (Rupees Ten Thousand only) as compensation to the Complainant for the mental pain, agony and harassment.

III.    OP-2 (M/s. Ace Comfort Gallery) to pay Rs.5,000/- (Rupees Five Thousand only) to the complainant for deficiency in service.

6.           It is clarified that the abovesaid amount shall be paid by the OPs to the Complainant within 30 days from the receipt of this order failing which OPs shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

7.            The complainant shall handover the defective mattresses to the OP-1 on receipt of the aforesaid payments from OP-1.

8.           Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

   ASHWANI KUMAR MEHTA                                                 HARPREET KAUR CHARYA

          Member                                                                                             Member                      

     DCDRC-1 (North)                                                                          DCDRC-1 (North)

 

DIVYA JYOTI JAIPURIAR

President 

DCDRC-1 (North)