Jammu and Kashmir

Jammu

CC/320/2017

SANJAY ENTERPRISES - Complainant(s)

Versus

SURINDER ENTERPRISES - Opp.Party(s)

ANIL SHARMA

13 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No                279/DFJ           

 Date of  Institution       14-10-2016

 Date of Decision         05-03-2018

 

M/S Sanjay Enterprises,

Through its Prop.Sanjay Sharma,

Through Attorney Holder Sunil Kumar Sharma,

S/O Late Sh.Har Krishan Sharma,

R/O 73,R.N.Pura,Jammu.

                                                                                                                                  Complainant

              V/S

1.Surinder Enterprises,Shop No.19,

  Opp.Dewan Mandir at Mahajan Shopping

Complex Jammu through its Prop.

2.Dutta Enterprises,Shop No.7,

 General Bus Stand Jammu through its Prop.

3.Data Wind Innovation Pvt.Ltd.

 Khasra No.605 Near Tata Talco Service Station,

Block-A Village Rangpuri,New Delhi-110037.

                                                                                                                                                Opposite parties

CORAM

                 Khalil Choudhary  (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                     Member

                  Mr.Ghulam Sarwar Chauhan                              Member                                         

       

In the matter of  Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

Mr.Anil Sharma,Advocate for complainant, present.

Nemo for OPs.  

 

                                                                           ORDER.

                                This complainant being  attorney holder of M/S Sanjay Enterprises has filed this complaint with the allegations that he has purchased 10 CZ (Datawind)Tabs from OP1 on,02-04-2015 for Rs.38,000/-and the cost of one 10 CZ (Datawind)Tabs is Rs.3619.05+VAT amount, but out of 10 CZ(Datawind)Tabs 2 10 CZ(Datawind)Tabs did not function properly and there was a manufacturing defect and the matter was reported to OP1&2 and the defect could not be removed,therefore,on,25-02-2016 OP1 received back the same from him with the assurance that the same will be replaced, copy of challan issued by OP1 is annexed as Annexure-B.According to complainant, since the Ops have received back 10CZ(Datawind)Tabs in the month of February,2016 and despite repeated requests, the Ops have neither replaced  the same nor refunded the cost of the said Tabs. Allegation of complainant is that the Ops have adopted unfair trade practice by selling defective tabs to him and there is also deficiency in service on the part of Ops .Hence the present complaint. In the final analysis, complainant prays for refund of Rs.7600/-alongwith interest and in addition also prays for compensation of Rs.1.10 lacs including litigation charges.

                Notices were sent to the OPs alongwith copies of complaint through registered covers with acknowledgment due,however,,OPs did not choose to represent their case in this Forum, either to admit the claim of complainant or to deny the same within stipulated period provided under the Act, so their right to file written version was closed vide order dated 12-05-2017 and the complainant was ordered to produce evidence by way of affidavits in support of the complaint.

          

 The complainant adduced evidence by way of duly sworn his own affidavit. The complainant has placed on record copy of Special Power of Attorney, copy of tax invoice, copy of challan and copies of DOA Certificates.

               We have perused the case file and also heard learned counsel appearing for the complainant.

 Briefly stated grievance of complainant is that he has purchased 10 CZ (Datawind)Tabs from OP1 on,02-04-2015 for Rs.38,000/-ad the cost of one 10 CZ (Datawind)Tabs is Rs.3619.05+VAT amount, but out of 10 CZ(Datawind)Tabs 2 10 CZ(Datawind)Tabs did not function properly and there was a manufacturing defect and the matter was reported to OP1&2 and the defect could not be removed,therefore,on,25-02-2016 OP1 received back the same from him with the assurance that the same will be replaced, copy of challan issued by OP1 is annexed as Annexure-B.According to complainant, since the Ops have received back 10CZ(Datawind)Tabs in the month of February,2016 and despite repeated requests, the Ops have neither replaced  the same nor refunded the cost of the said Tabs.

              So from perusal of complaint, documentary and other evidence produced by the complainant, it appears that the complainant has succeeded in proving his case as narrated by him in the complaint. The complaint is fully supported by his own duly sworn affidavit so, in the given circumstances of the case, and in view of the evidence on record, there is no reason to disbelieve the averments of complaint.

                      This is a case of deficiency in service. The OPs despite of service of notice sent by the Forum through registered cover have not taken any action to represent the case before this Forum, either to admit the claim of complainant, or to deny it, so there is no reply filed by the Ops in this complaint and there is also no evidence to rebut the case of complainant. The present case of the complainant is covered by Section 11 2(b) (ii) of the Consumer Protection Act,1987, which provides that in a case where the OPs omits or fails to take any action to represent their case within the time given by Forum, in that situation, the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11, clearly provides that even where the OPs omits or fails to taken any action to represent their case before the Forum, the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.

                 After going through the whole case with the evidence on record what reveals here is the case of complainant is genuinely filed with speaking reasons and merit as being consumer as per the purport of section 2(d) of Consumer Protection Act and Ops are the service providers having failed in their statutory duty to provide adequate and effective services. The purport of legislation is well defined and statutorily takes care of consumer rights and cannot legally afford to a situation like the one confronted herewith in a manner where they are deprived of their rights as of consumer. The consumers have to come forth and seek for redressal of their grievance. The case of the complainant is also genuinely filed for seeking determination of his right by this Forum.

             Therefore, in view of aforesaid discussion, the complaint filed by the complainant for redressal of his grievance is allowed and Ops are directed to pay Rs.7600/-(as cost of 2 10 CZ(Datawind )Tabs alongwith interest @ 6% per annum w.e.f.25-02-2016 till its realization. Complainant is also entitled to compensation of Rs.10,000/-for causing unnecessary harassment and mental agony and litigation charges of Rs.10,000/-.The OPs shall comply the order within one month, from the date of receipt of this order. Copy of this order be provided to parties, free of costs. The complaint is accordingly, disposed of and file be consigned to records after its due compilation.

Order per President                                        Khalil Choudhary

                                                                         (Distt.& Sessions Judge)

                                                                                    President

Announced                                                      District Consumer Forum

05 -03-2018                                                                  Jammu.

Agreed by                                                               

 

Ms.Vijay Angral          

  Member                                                                                              

      

Mr.Ghulam Sarwar Chauhan

Member