DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.
Complaint No. 511
Instituted on: 24.08.2016
Decided on: 23.01.2017
Dinesh Kumar Garg son of Shri Sadhu Ram, resident of Backside Madanjit Kothi, Thalesh Bagh Colony, Satish Architect Street, Sangrur.
..Complainant
Versus
1. Star CJ Network India Private Limited, 6th Floor, Star CJ Plaza, Dr. DB Marg, Grant Road, Mumbai 400 001, near Apsara Theatre, through its Managing Director/Incharge/Manager.
2. Kasturi Mega Ventures Private Limited, Franchisee of SHOP CJ Network Private Limited, E-7/88, Legal Lajpat Rai Colony, Arena Colony, Bhopal Madhya Pradesh, India 462 016 India.
…Opposite parties
For the complainant : Shri G.S.Shergill, Advocate.
For OPs : Exparte.
Quorum: Sukhpal Singh Gill, President
Sarita Garg, Member
Vinod Kumar Gulati, Member
Order by : Sukhpal Singh Gill, President.
1. Shri Dinesh Kumar Garg, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant availed the services of the OPs by purchasing a Home Mate cloth drying rack vide bill number 201605191444 dated 19.5.2016 vide order number 387425902724 which was delivered by the OPs at the address of the complainant against payment of Rs.1599/-. The grievance of the complainant is that the home mate cloth drying supplied by the Ops was not usable as some parts of the same were missing, as such, the complainant immediately called upon the OPs on their toll free number and apprised about the same, but though the Ops assured to replace the same, but all in vain. It is further averred nothing was done to replace the stand in question despite approaching the OPs so many times. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OP be directed to refund the purchase price of the home mate drying rack i.e. Rs.1599/- along with interest @ 24% per annum and further to pay compensation and litigation expenses.
2. Record shows that the Ops did not appear despite service, as such, both the Ops were proceeded exparte.
3. The learned counsel for the complainant has produced Ex.C-1 affidavit of the complainant, Ex.C-2 copy of retail invoice and closed evidence. No evidence has been produced as the Ops were proceeded exparte.
4. We have heard the arguments of the learned counsel for the complainant and also perused the documents produced on the file by the complainant. In our opinion, the complaint merits acceptance, for these reasons.
5. It is an admitted fact that the complainant purchased a home mate cloth drying rack from the Ops vide bill dated 19.5.2016 against order number 387425902724, which is placed on record as Ex.C-2, which is said to have missed some of its parts and when the complainant approached the Ops to replace the same, the OPs flatly refused to do so despite assurance. To support such a contention, affidavit Ex.C-1 of the complainant is also on record. In the present case, the OPs chose to remain exparte and they did not appear despite service of the notice upon them. It is obvious that the OPs were bound to replace the defective home mate cloth drying stand with the new one, which the OPs failed to do so. Since the complainant has paid the amount of Rs.1599/- being the cost of the same, but the OPs supplied the complainant a defective cloth drying rack, which we feel is a clear cut deficiency in service on the part of the OPs.
6. We may further mention that the complainant placed the order at Sangrur and the product in question was also supplied by the OPs to the complainant at Sangrur, as such, we are of the considered opinion that this Forum has the territorial jurisdiction to hear and decide the present complaint.
7. In view of our above discussion, we allow the complaint and direct the OPs to refund to the complainant the purchase price of the Home Mate Drying rack in question i.e. Rs.1599/- along with interest @ 9% per annum from the date of filing of the present complaint i.e. 24.8.2016 till realisation. We further direct the Ops to pay to the complainant an amount of Rs.5000/- in lieu of consolidated amount of compensation and litigation expenses.
8. This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.
Pronounced.
January 23, 2017.
(Sukhpal Singh Gill)
President
(Sarita Garg)
Member
(Vinod Kumar Gulati)
Member
