Haryana

Ambala

CC/240/2018

Balbir Singh - Complainant(s)

Versus

Vinod Bansal - Opp.Party(s)

13 Nov 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                                                Complaint No.: 240 of 2018.                                                                                                                                                                                Date of Instt.:    01.08.2018.                                                                                         

                                                                                 Date of Decision:13.11.2018

Balbir Singh son of Sh.Jai Singh resident of H.No.1192, Model Town, Near Mulkhija Marriage Palace, Lalru Mandi Lalru District SAS Nagar Mohali (Pb.).

                                                                             …Complainant.

                             Versus

Sh.Vinod Bansal Proprietor M/s A.V.Engineers, Near Manji Sahib Guruduara, Saini Ashram Gate, Ambala City.

                                                                             …Opposite Party.

             Complaint U/s 12 of the Consumer Protection Act, 1986

                            

BEFORE:             SH.D.N.ARORA, PRESIDENT

                             SH. PUSHPENDER KUMAR, PRESIDING MEMBER.                                               DR.SUSHMA GARG, MEMBER.

 

Present:                Sh.Ranbir Singh, counsel for complainant.                                                 OP exparte.

ORDER:

Per Dr. Sushma Garg, Member:

                             The present complaint has been filed by the complainant alleging that he had purchased one water Cooler Motor with copper wiring for a sum of Rs.1000/- from the opposite party (hereinafter referred to as OP) on 4.5.2017 with a warranty for one year. Though no bill/invoice had been issued, however the OP issued a warranty card in this respect which was printed on the backside of the visiting card of his firm. After a few months, the motor stopped working.Complainant approached the OP but the OP refused to replace/repair the Motor in question. Hence, this complaint claiming refund of the price of the Motor along with 10% interest from the date of purchase, Rs. 20000/- as compensation for mental agony, pain and harrasement and further a sum of Rs. 5500/- has been claimed as litigation expenses.

2.                Notice of the complaint was issued to the OP by way of regd. Post, but the OP failed to appear despite notice, hence, was proceeded against ex-parte vide order dated 13.8.2018 of this forum.

3.                To prove his case, the complainant has tendered into evidence his affidavit Ex CA, copy of the warranty card cum visiting card of the OP as C1, original of which has also been attached. Copy of legal notice issued to the OP is C2 and the postal receipt thereof is C3. Apart from that, the complainant has also examined Sh. Roshan Mohd. Motor Mechanic as CW1 who in his statement has stated that the complainant had brought his Water Cooler Motor to him for repairs, but on opening the same it was found that the same was having Aluminum wiring winding. Thereafter he closed the Motor as per instructions of the complainant.

4.                          We have heard the counsel for the complainant and gone through the file. The averments made in the complainant have remained unrebutted as the OP has chosen to abstain from proceedings. The averments of the complaint have been proved with evidences including the warranty cum visiting card of the OP in original whereupon the OP has issued warranty for ‘one motor copper’ in the name of complainant on 4.5.2017. Apart from that the complainant also served a legal notice upon the OP. The complainant has also produced his affidavit in support of his pleadings and besides that has also produced and examined  Motor Mechanic Roshan Mohd. as witness. Another important factor is that despite no invoice had been issued by the OP, the complainant has claimed only Rs. 1000/- as cost of Motor, which seems to be quite a genuine claim. The deficiency in service and unfair trade practice on the part of the OP is proved in this case.

5.                          In view of above discussion, the complaint is allowed. The OP is directed to pay to the complainant the cost price of the Motor i.e. Rs.1000/- along with interest @12 % p.a. from the date of complaint i.e. 1.8.2018 till realization subject to return the motor in question to OP. Further the OP is directed to pay to the complainant a sum of Rs. 5000/- as compensation for mental agony, pain and harassment suffered by the complainant and further to pay a sum of Rs. 5000/- as litigation expenses. The orders be complied with within 30 days of the date of receipt of copy of this order. File be consigned to the record room.

 

Announced on: 13.11.2018                                  (D.N.ARORA)                                                                                                     PRESIDENT

 

                                                                    (PUSHPENDER KUMAR)                                                                                           MEMBER

 

  (DR.SUSHMA GARG)                                                                                                                    MEMBER