Delhi

East Delhi

CC/324/2016

MR. R.S NEGI - Complainant(s)

Versus

SYMPHONY - Opp.Party(s)

20 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 324/16

Shri. R.S.NEGI

S/O LATE SHRI U.S.NEGI

R/O B-4/249, PARYATAN VIHAR, VASUNDHARA ENCLAVE,

NEW DELHI-110096

                                                                                                                         ….Complainant

 

 

1. SYMPHONY LIMITED, SYMPHONY HOUSE,

FP12-TP50 BODAKDEV, OFF. SG HIGHWAY,

AHMEDABAD 380054

 

2. PALKI ELECTRICALS,

D-21, GALI NO. 1, VIKAS MARG,

LASMI NAGAR,

1.  

                                                                                                                          ….Opponents

 

Date of Institution: 27.06.2016

Judgment Reserved for: 20.04.2017

Judgment Passed on: 25.04.2017

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. This complaint has been filed u/s 12 of the Consumer Protection Act by Shri R.S.Negi against Symphony Limited (OP-1) and Palki Electronics (OP-2), praying for direction to OPs for refund the cost of Rs.14,000/- with interest or replacement of the cooler, Rs.50,000/- towards the physical strain and mental agony and Rs.1000/- towards the cost of litigation.
2.  The facts in brief stated are that the complainant had purchased Air Cooler from   OP-2, the retailer, vide invoice bearing no.1851, dated 12/04/2016 for Rs.14,000/-. The said Air Cooler was delivered at night at the residence of complainant. On the same day, the said cooler did not work, for which OP-2 was contacted immediately. On 13/04/2016, the mechanic found that there was problem with the pump for which complaint was lodged with the customer care centre of OP-1. It has been stated in the complaint that despite several complaints the defect in the cooler has not been removed. Hence, the present complaint.
3.  Retail invoice issued by OP-2 dated 12/04/2016, product details, mails written by the complainant to OP-1 are annexed with the complaint.
4. Notice of the present complaint was served upon OPs.
5. No reply was filed on behalf of OP-1 and OP-2 despite opportunity. Hence, they were proceeded ex-parte as they had stopped appearing.
6. Thereafter, the complainant filed his ex-parte evidence by way of affidavit, where he examined himself and narrated the facts of the complaint, and exhibited retail invoice as Ex.CW1/A, Product details as Ex.CW1/B, Emails as Ex.CW1/C (colly), Ex.CW1/D correspondence with OP on account of telephonic complaint to “Jago Grahak Jago”. Letter dated 15/06/2016 and proof of dispatch are Ex. CW1/E, Ex.CW1/F and Ex.CW1/G respectively.
7. We have heard the arguments on behalf of the complainant and AR of OP-1. Perusal of the record reveals that the complainant started facing problem soon after the purchase of said air cooler, for which he lodged several complaints, right from very next day of purchase i.e. 13/04/2016 and on several other dates. The complainant has even tried to get his grievance addressed through Jago Grahak Jago, but OP did not resolve the issue.  As, OPs chose not to file the reply, the allegations made by the complainant against OPs have remained unrebutted. Thus, we hold that OP-1 has not only sold defective product to the complainant but also failed to redress the grievance of the complainant. Hence, we direct OP-1 to refund Rs.14,000/-, the cost of Air Cooler and the complainant to handover the cooler to OP-1. We also award Rs.8,000/- in favour of the complainant as compensation for mental agony and harassment, as OP-1 has not only sold defective Air Cooler but also failed to deliver after sale services. If the said order is not complied within 30 days from the date of receipt of this order then OP-1 shall be liable to pay 9% interest on Rs.22,000/- (14,000+8,000) from the date of filing this complaint till realization.

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                        (HARPREET KAUR CHARYA)              

   MEMBER                                                                                        MEMBER

 

                                                     (SUKHDEV SINGH)

                                                        PRESIDENT