DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No. 433/2017
Shri Athar Alam Adv.
S/o Late Syed Khalil Ahmad,
R/o A-33, ALIG Residency
Flat No. 201, Abdul Fazal Enclave,
Part-2, Jamia Nagar,
New Delhi
….Complainant
Versus
M/.s Titan Company Ltd.
E-40A, Central Market,
Lajpat Nagar-2, New Delhi-110024
….Opposite Party
Date of Institution : 22.12.2017 Date of Order : 27.02.2020
Coram:
Ms. Rekha Rani, President
Ms. Kiran Kaushal, Member
ORDER
Ms. Kiran Kaushal, Member
- Succinctly put, the complainant purchased Frames Fast track from an authorized dealer of Titan Eye+ ‘World Class Optical Stores’ by paying the consideration of Rs.1,250/- on 12.01.2016 from Titan Company Ltd. hereinafter referred to as OP.
- It is averred that within three months from the date of purchase, the colour of optical frame faded. The complainant along with his wife in the month of April 2016 went to OP and requested for replacement of the optical frame.
- It is averred by the complainant that the terms and conditions in the tax invoice sheet of OP is absent on warranty. It is also stated that OP at the time of purchase of the product did not provide any warranty card or warranty papers whereas OP in the terms and conditions provided with the Invoice very clearly mentions that “please refer the warranty card for specific brand of product warranties”.
- Thereafter, the complainant made various complaints to OP vide email as well in writing to the registered office and to the show room but all in vain. Despite repeated requests the optical frame was neither repaired nor replaced.
- Being aggrieved, the complainant approached this Forum with the prayer to direct OP to replace / refund Rs.1250/- alongwith 18% interest and to pay Rs.80,000/- towards mental agony and cost of litigation.
- Notice was duly served to OP on 15.02.2018 but none appeared on behalf of the OP to contest the case. Therefore, the OP was proceeded exparte on 05.09.2018.
- Exparte evidence and written arguments are filed on behalf of the complainant.
- Averments made qua OP have remained unchallenged and uncontroverted so there is no reason to disbelieve the version of the complainant.
- Having gone through the material placed on record and the retail invoice alongwith terms and conditions appended at page-9 and page-10 of the complaint, it is noticed that the complainant had paid Rs.1250/- for the purchase of Frame Fast track. Going through the terms and conditions appended at page-10 it is observed that the said terms and conditions are one sided which are favourable to OP (company). Further it is pertinent to mention that no warranty card or warranty paper was given to the complainant at the time of purchase of the product. Forum is of the opinion that OP is guilty of untrade practice as the warranty card was not supplied with the product or cash memo as claimed in the terms & conditions of the invoice.
- This Forum is also of the opinion that OP is deficient in services. On account of not attending to the complainant and redressing his grievance. Therefore, we allow the complaint and direct OP to refund Rs.1250/- along with interest @ 10% per annum from the date of complaint to OP i.e. April, 16 till realization. Additionally we direct OP to pay Rs.2,500/- by way of compensation for causing harassment and litigation expenses to the complainant.
- OP is directed to pay the complainant within a period of 45 days from the date of receipt of the copy of this order failing which the OP shall become liable to pay interest @ 15% p.a. on the aforesaid amount Rs.1250/- from the date of complaint to OP i.e. April, 2016 till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 27.02.2020
