Complainant Ravi Gupta has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to make the payment of full present cost of the articles which amounts to Rs.4 lac immediately alongwith interest @ 18% P.A. till actual realization. Opposite parties be further directed to pay Rs.50,000/- as compensation on account of mental agony, physical harassment and deficiency in service alongwith Rs.20,000/- as litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that on the allurement and promise of both the parties, he had purchased 30 Wooden Panel sheets of IBIZAWALNUT & 5 Wooden Panel sheets of CEDAR WHITE having shade no.WG-5913 & PS-0024 respectively from opposite parties on 11.07.2016 after payment of Rs.4,00,000/-. The opposite parties had also issued a warranty certificate bearing Serial No.EO/INPB/01654 to him which had the following contents:-
The warranty of English Oak is guaranteed against
. Faulty materials and workmanship
. Bending of sheet
. Warping of sheet
. Colour Fastness
For a period of 10 years from the date of purchase.
He has next pleaded that within a span of 2 years for purchase, the colour of the above mentioned Wooden Panel sheets had faded and has started losing its basic colour which looks shabby. The warranty period in respect to colour of above mentioned Wooden Panel sheets as mentioned in the warranty certificate is for 10 years, but unfortunately it has faded in two years only. Complainant is having the original warranty certificate in his possession and has complied with all the terms and conditions as mentioned in the warranty certificate. He had requested both of opposite parties many times to either change the Wooden Panel sheets supplied or refund the money alongwith interest by making personal visits at your local dealer/stockiest opposite party no.2 but no action was taken. This act of opposite parties is illegal and uncalled for. He also served notice dated 29.10.2018 to the opposite parties but all in vain. Hence this complaint.
3. Notice issued to opposite parties had not been received back. Period of 30 days had already been elapsed. Presumption could be drawn that opposite parties had been served but it was intentionally evading the service of the notice. Case called several times, but none had appeared on behalf of opposite parties. Hence, opposite parties were ordered to be proceeded against exparte vide order 5.3.2019.
4. Alongwith the complaint, complainant has filed his own affidavit Ex.CW-1 alongwith other documents Ex.C-1 to Ex.C-4 and tendered photographs Ex.C-5 to Ex.C-8.
5. Written arguments have been filed on behalf of complainant.
6. We have carefully gone through the pleadings of counsel for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.
7. As detailed above, complainant purchased 30 Wooden Panel sheets of IBIZAWALNUT & 5 Wooden Panel sheets of CEDAR WHITE having shade no.WG-5913 & PS-0024 respectively from opposite parties on 11.07.2016 after payment of Rs.4,00,000/- as deposed in the affidavit but within a span of 2 years of purchase, the colour of Wooden Panel sheets had faded and has started losing its basic colour which looks shabby. The warranty period in respect of colour of Wooden Panel sheets as mentioned in the warranty certificate is for 10 years. It is alleged by complainant that he requested both the opposite party many times to either change the Wooden Panel sheets supplied or refund the money alongwith interest but no action was taken by opposite party.
8. We are convinced from the evidence on record that complainant approached opposite party for removal of his grievance and opposite party unnecessarily avoided the same and not only harass the complainant which amounts to deficiency in service on the part of opposite party. The opposite party did not bother to respond to the notice or to appear before this Commission and hence District Consumer Disputes Redressal Commission preferred to proceed exparte vide order dated 5.3.2019. Since opposite party did not contest the claim f the complainant and rebut the evidence led by complainant as aforesaid and as such it can be concluded without hesitation that both the opposite parties admit the claim of the complainant and have nothing to say in the matter. In this way the evidence led by complainant goes un-rebutted and un-assailed.
9. Hence, we are of the considered opinion that supply of inferior quality product to the complainant and further the denial of refund to the complainant amounts to be deficiency in service and unfair trade practice on the part of opposite parties.
10. In view of the aforesaid discussion in consideration of facts and circumstance of the case, the present complaint is partly allowed and opposite party is directed to refund Rs.4,00,000/-, amount paid by complainant with 6% interest from the date of filing the complaint till its realization within 30 days on receipt of certified copy of order. Opposite party is further directed to pay lumpsum amount of Rs.10,000/- as costs of harassment and litigation expenses to the complainant. Opposite party is permitted to get the defective sheets removed from the location at their own cost.
11. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
12. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (Ragbir Singh Sukhija)
August 10, 2022 Member
*MK*
