MANAV DHAWAN. filed a consumer case on 01 Oct 2024 against STUDIO 88. in the Ambala Consumer Court. The case no is CC/209/2023 and the judgment uploaded on 01 Oct 2024.
Haryana
Ambala
CC/209/2023
MANAV DHAWAN. - Complainant(s)
Versus
STUDIO 88. - Opp.Party(s)
ASHISH SAREEN.
01 Oct 2024
ORDER
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.
Complaint case no.
:
209 of 2023
Date of Institution
:
09.06.2023
Date of decision
:
01.10.2024
Manav Dhawan, R/o House No.91, Model Town, Ambala City.
……. Complainant
Versus
Studio 88, Plot No 88/2 Block 2 W.H.S Kirti Nagar, New Delhi 110015 through its Director/Prop/Partner.
M/s MRFI Pvt. Ltd (Eclipse International), 24 Basant Lok Community Center Vasant Vihar New Delhi 110057 through its Prop.
….…. Opposite Parties
Before: Smt. Neena Sandhu, President.
Smt. Ruby Sharma, Member,
Shri Vinod Kumar Sharma, Member.
Present: Shri Ashish Sareen, Advocate, counsel for the Complainant.
OPs already ex parte vide order dated 27.05.2024.
Order: Smt. Neena Sandhu, President.
Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-
To refund the amount of Rs.47,000/- alongwith interest @18% p.a..
To pay Rs.1,00,000/- as compensation on account of mental harassment and agony.
To pay Rs.21,000/- as cost of litigation.
Brief facts of the case are that the complainant has purchased mattress- "Eclipse Orthocare ET" having Dimensions 78 x72 x11 through OP No.1, on 25.02.2022 for an amount of Rs.47,000 including GST, invoice tax invoice no.175, Annexure C-1. The complainant had purchased this mattress for his requirement on Medical Grounds and it was told by the OPs at the time of purchase that the mattress has been specially designed for Orthocare. Few days after purchase, the mattresses was found pressed from center resulting in a permanent squeeze formation on the mattress. The complainant approached OP No.2 and after inspecting the same, OP No.2 agreed to return the same which was communicated vide email dated 31.01.2023, Annexure C-2 but till date they failed to refund the amount paid. Hence this complaint.
Upon notice, none appeared on behalf of the OPs before this Commission, therefore, they were proceeded against ex-parte vide order dated 27.05.2024.
Learned counsel for the complainant tendered affidavit of the complainant as Annexure C-A alongwith documents as Annexure C-1 and C-2 and closed the evidence on behalf of the complainant.
We have heard the learned counsel for the complainant and have also carefully gone through the case file.
Learned counsel for the complainant submitted that by not refunding the amount of Rs.47,000/- despite the fact that it was promised by the OPs vide email dated 31.01.2023, Annexure C-2, after making complaint by the complainant qua defective mattress, the OPs are deficient in providing service and adopted unfair trade practice.
It may be stated here that it is coming out from the record that the complainant had purchased the mattress in question for an amount of Rs.47000/- vide tax invoice dated 25.02.2022, Annexure C-1. It is coming out from the email dated 31.01.2023, Annexure C-2 that the OPs had committed to pick up the mattress from the house of the complainant and thereafter they will refund the amount paid towards the same. It is the definite case of the complainant that when the defect in the said mattress came, he reported the matter to the OPs, whereafter, they promised to refund the price of the same, after picking up the said mattress but they failed to do so till date. It is significant to mention here that, as stated above, notice of this complaint was sent to the OPs seeking their version, yet, nobody appeared on their behalf, despite service, as a result whereof, they were proceeded against ex parte by this commission vide order dated 27.05.2024. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted and as such, we have no reason to disbelieve the contention of the complainant, which is duly supported by documentary evidence. In this view of the matter, we hold that OPs are liable to refund the amount of Rs.47,000/- alongwith interest. They are also liable to compensate the complainant for the mental agony and physical harassment suffered by the complainant alongwith litigation expenses.
In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-
To refund the amount of Rs.47,000/- alongwith interest @6% p.a. from 25.02.2022 i.e the date of purchase, till its realization.
To pay Rs.3,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
To pay Rs.2,000/- as litigation expenses.
It is further directed that OPs shall comply with the aforesaid directions, jointly and severally, within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.
Announced:- 01.10.2024
(Vinod Kumar Sharma)
(Ruby Sharma)
(Neena Sandhu)
Member
Member
President
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