Chandigarh

DF-II

CC/168/2023

MOHINDER DAWER - Complainant(s)

Versus

VISHAL TRADING COMPANY - Opp.Party(s)

SATPAL DHAMIJA

11 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	168 of 2023
Date  of  Institution	:	13.03.2023
Date   of   Decision	:	11.08.2023

 

 

 

 

 

Mohinder Dawer, aged 58 years, s/o Sh.Charan Das, resident of Flat No.101, GH-41, Sector 20, Panchkula (Haryana)

             …..Complainant

 

Versus

M/s. Vishal Trading Company, SCO No.834, NAC Manimajra, Chandigarh through its Managing Director/Director/Authorised Signatory

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                  MEMBER

 

Argued by:-      Complainant in person.

             OP exparte.

 

PER B. M. SHARMA, MEMBER

 

         The case of the complainant precisely is that he purchased 42 boxes of Vitrified tiles of Kajaria Company from OP on 14.6.2022 by making payment of Rs.89,123.75p vide Tax Invoice Ann.C-1.  However, the Tiles in the boxes were found to be defective, having patches, which was reported to OP whereupon an Official of Kajaria Company visited the site of the complainant on 15.6.2022.  It is stated that when the official of Kajaria Company also found the tiles in the boxes to be defective, he gave his report on the Invoice Ann.A-1.  The said stock of tiles was taken back by the OP on 18.6.2022 and remark to this effect was made on e-Way Bill (Ann.C-2 Mark B).  It is submitted that the OP refunded only an amount of Rs.75,100/- against the total amount paid by complainant of Rs.89,123.75p.  Hence, this complaint has been preferred alleging that the said act & conduct of the OP as deficiency in service and unfair trade practice.

2]       The Opposite Party did not turn up despite service of notice, hence the OP was proceeded exparte vide order dated 13.4.2023.

3]       The complainant led evidence in support of his contentions.

  

4]       We have heard the ld.Counsel for the complainant and thoroughly perused entire evidence & documents on record.  

 

5]       The complainant purchased the titles in question for an amount of Rs.89,123/- from OP vide Bill Ann.C-1.  The claim of the complainant is that though the said material, on being defective, was taken back by the OP (Ann.C-2), but the OP refunded only an amount of Rs.75,100/- against the payment of Rs.89,123.75p. and made illegal deduction of Rs.14,023/- without any justifiable reason nor it has been explained to him.  In our opinion, the complainant cannot be made to suffer due to deficient act of OP.   Firstly the complainant has been supplied with defective material despite full payment and when the defective material was taken back by the OP, they instead of refunding the entire amount, made deduction despite being at fault in supplying defective material to complainant. This act & conduct of OP clearly amounts to deficiency in service and unfair trade practice, which certainly has caused harassment & loss to the complainant. 

 

6]       Further, the OP despite being duly served with notice of the complaint, failed to appear or come forward to contradict the allegations set out in the present complaint, which has raised a reasonable presumption that the Opposite Party has failed to render due service to the complainant and has nothing to contradict meaning thereby that the OP has duly admitted the claim of the complainant. 

 

7]       From the above discussion and findings, we are of the opinion that the deficiency in service and unfair trade practice has been proved on the part of the OP. Therefore, the present complaint is allowed with direction to the Opposite Party to refund the balance amount of Rs.14,023/- to the complainant along with lumpsum compensation amount of Rs.10,000/- as compensation for deficient services and indulging in unfair trade practice, which also includes litigation cost as well.

         This order shall be complied with by the OP within a period of 45 days from the date of receipt of copy of this order, failing which they shall be liable to pay additional cost of Rs.5,000/- apart from the above relief.

        Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

11.08.2023                                                          

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

sd/-

(B.M.SHARMA)

MEMBER