Haryana

Ambala

CC/206/2020

Deepak Kumar - Complainant(s)

Versus

Vivekanand Traders - Opp.Party(s)

Deepak Kumar

08 Mar 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case no. :     206 of 2020

                                                          Date of Institution :     01.10.2020.

                                                          Date of decision     :     08.03.2022.

 

Deepak Kumar, aged 29 years, son of Shri Vinod Kumar, resident of #1408, Sector-9, Ambala City.

 

                                                                                       ……. Complainant.

                                      Versus

1. Vivekanand Traders, Shop No. 26, Vikas Vihar Market, Ambala City, through its Authorized Signatory.
2. Dell International Services India Pvt., Ltd., Sector 43, Gurugram, Haryana, Through its authorized signatory.

 

                                                                               ….…. Opposite Parties.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.          

                            

Present:       Complainant in person.

                   OPs No.1&2 proceeded against exparte vide order dated 5.10.2021.

 

Order:        Shri Vinod Kumar Sharma, Member.

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To replace the said monitor with the new one or to refund Rs.5,350/- i.e. cost of monitor alongwith interest @ 18 % per annum.
2. To pay Rs.1,00,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay Rs.11,000/-, as litigation expenses.

 

2.            Brief facts of the case are that the complainant had purchased one monitor make Dell D1918H, 18.5 inch with HDMI on 04.12.2017 from OP No.1 vide invoice No. 751 for amounting to Rs. 5350/- manufactured by the OP No.2. AT the time of purchase of abovesaid monitor, OP No.1 assured the complainant that he is authorized dealer of OP No.2 and the company is giving good reputation in the market and also providing the three years warranty against any defect and also assured that company will provide new monitor in case of any defect. After few days, complainant noticed that the monitor was not working properly and started showing black spotty on upper and down on right side of the monitor. Accordingly on 04.09.2020, the complainant approached the OP No.1, who asked to call on 05.09.2020 and when on 05.09.2020, complainant made a call on Mobile No. 9466000660 given by OP No.1 and then, OP No.1 provided the customer care centre No. 18004250088 to him and suggested to make a call on customer care centre of OP No.2. On 07.09.2020, complainant several times rang up on customer care centre and then at about 05:11 PM, the customer care centre attended the phone of the complainant and complainant informed them regarding the problem in the monitor and requested them to replace the said monitor with new one and after long discussion on customer care centre, the customer care centre lodged the complaint No.79463779 and directed the complainant to send the photo of the monitor front and back panel full pictures, clear pictures of serial number, shipping address with pin code, invoice copy. The complainant sent all the required documents & photos of the monitor to OP through email at about 06:08 PM on 07.09.2020, but of no avail. Thereafter, complainant sent various email to OPs to replace the monitor. But, the grievance of complainant is not redressed by OPs. Complainant suffered a mental agony, financial loss due to deficiency in service on the part of OPs. Hence, the present complaint. 

3.           Upon notice, none appeared on behalf of the OPs No.1 &2 before this Commission, therefore, they were proceeded against ex-parte vide order dated 05.10.2021.

4.           Complainant tendered his affidavit as Annexure CA along with documents Annexure C-1 to C-4 and close the evidence of the complainant.

5.           We have heard for the complainant and have also gone through the record of the case very carefully.

6.           The averments made in complaint regarding defective Monitor have been corroborated with the evidence. The complainant has also placed on record the copy of invoice No.751 dated 04.12.2017 total amounting to Rs.5,350/- (Annexure C-1). Complainant has argued that after few days, the monitor in question was not working properly. He further argued that complainant requested to OPs to resolve his problem but despite several emails before OPs, again the problem with the monitor in question was not resolved. However, the OPs have failed to remove the defects in the monitor of the complainant. It is proved that the monitor purchased by the complainant was in warranty period, therefore he is entitled to get the monitor replaced from the OPs. The OPs have not contested the complaint. In this case, the OPs have proceeded against ex-parte, therefore, the contents enumerated in the complaint remained un-rebutted and thus, we have no other option except to believe the version as well as documents submitted by the complainant, which is duly supported by an affidavit and other supporting documents. Thus we are of the view that OPs are found deficient in providing service to the complainant and the complainant is entitled for compensation for the mental agony and physical harassment suffered by him alongwith litigation expenses.

7.           In view of above discussion, the present complaint deserves to be accepted and same is hereby allowed against the OPs and they are directed to comply with the following directions, jointly and severally, within 45 days from receipt of the certified copy of the order:-

(i)      To replace the monitor in question with new one of the same model. If they are not in position to replace the monitor of the same model, then to refund the cost of monitor amounting Rs.5350/- alongwith interest @5% per annum, from the date of filing the present complaint i.e 01.10.2020, till its realization.

(ii)     To pay Rs.2,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.

(iii)    To pay Rs.1,000/- as cost of litigation.

 

                   Certified copy of this order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on: 08.03.2022.

 

(Vinod Kumar Sharma)        (Ruby Sharma)               (Neena Sandhu)

              Member                      Member                         President

 

 

Present:       Complainant in person.

                   OPs No.1&2 proceeded against exparte vide order dated 5.10.2021.

 

 

Vide our separate detailed order of even date, the present complaint has been allowed. File be consigned to Record Room, after due compliance.

Announced on: 08.03.2022.

 

 

 

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                         Member                       President