DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI)

                                    Consumer Complaint No.1885 of 2020

                                    Date of institution: 28.12.2020

                                    Date of Decision:  10.11.2021   

Narinder Singh, resident of 342, Phase 4, SAS Nagar, Mohali (Punjab) 160059

                                                                …….Complainant

                                                Versus

1. Yamuna Interiors Private Limited, Plot No.26-28, IndustrialEstate Manikpur, 30-A, Jagadhari, Yamuna Nagar, 135003 through Shashi Garg, Director

2. Assam Plywood Agencies, SCO 10, Sector 82, Airport Road, Mohali, through its Director Ripudaman Singh

                                                              ……..Opposite Parties

                 Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Ms. Gagandeep Gosal, Member

Present:    Sh. Narinder Singh, complainant in person 

                OPs exparte 

Order dictated by :-  Shri Sanjiv Dutt Sharma, President

Order

                The present order of ours will dispose of the above complaint filed under the Consumer Protection Act, by the complainant (hereinafter referred to as ‘CC’ for short) against the Opposite Parties (hereinafter referred to as ‘OPs for short) on the ground that the CC had purchased 9 sheets of PVC Mica for the purpose of renovation of cup boards and other things for his house. It is alleged that the product PVC Mica had a thin multi coloured film pasted on it. One more polythene sheet has also been pasted on the PVC sheets, ostensibly for protection of its multi coloured pattern. It is further alleged that after PVC Mica was pasted by the carpenter on the cup boards, the carpenter removed the thin polythene film. While removing polythene film, the multi coloured pattern of PVC Mica got removed at many places and white surface of PVC Mica underneath, became visible after the above abrasion took place which has given very shabby look to the workmanship.  It is further alleged that the CC took up the matter with the OP No.2 vide letter dated 30.09.2020 and then OP No.1 deputed its representative to visit the spot and verify the facts, who visited accordingly on 02.10.2020 and assessed that five PVC Mica sheets are required to be replaced. The representative further admitted that the multi coloured painted PVC film which has been removed, was beyond repair.  The representative further disclosed that this is a manufacturing defect in PVC Mica as the multi coloured pattern gets removed easily while removing thin protective polythene film. It is further alleged that poor quality of PVC Mica was supplied by OP No.1 and thus it has committed deficiency in service. It is further alleged that the CC requested OP No.1 to provide five PVC sheets as replacement and further asked it to give all the nine PVC Mica sheets and labour charges, but the representative of OP No.1 Mr. Deepak refused to do so.

                Thus, alleging deficiency in service on the part of  the OPs, the CC has sought redressal of his grievance by awarding damages and cost of Rs.1,00,000/-.  The complaint is duly signed and verified and is also supported by an affidavit of the CC.

2.            The OPs have chosen not to appear and were accordingly proceeded against ex-parte vide order dated 25.10.2021.

3.            In support of his complaint, the CC has tendered his affidavit along with documents Ex.C1 to Ex.C6.

4.            We have heard the complainant and have gone through the record file.

5.            Since the contents of the complaint are un-rebutted, uncontested and are not challenged by the OPs, in that event, we have no alternative except to appreciate the averments of the complaint, which are duly supported by evidence and affidavit of the CC.

6.            It is writ large on the file that the CC purchased PVC Mica from OP No.1 for the renovation of his cup boards and niches. After the PVC Mica was pasted by the carpenter on the cupboards, the carpenter removed the thin polythene film. While removing the polythene film, multicolored pattern of PVC mica got removed at many places and white underneath surface of PVC Mica became visible after the above abrasion took place. It is further alleged that despite visit of the representative of OP No.1, the grievance of the CC was not redressed. The cause of action has accrued on 05.10.2020 when OP No.1 refused to redress the grievance of the CC.

7.            As per section 2(9) of the Consumer Protection Act, 2019, wherein, the "Consumer Rights” have been mentioned, which includes:-

(i)     The right to be protected against the marketing of goods, produces or services which are hazardous to life and property;

(ii)  The right to be informed about the quality, quantity purity, standard and price of goods, product of services as the case may be so as to protect the consumer against unfair trade practice.

(iii) The right to be assured, wherever, possible access to be variety goods, product or service at competitive prices.

(iv) The right to be heard and to be assured that consumer's interest will receive due consideration at appropriate for a;  

(v)    The right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and

8.            From the perusal of averments of the complaint and evidence submitted by the CC, it is proved on file that OP No.1 indulged in malpractice as well as unfair trade practice while selling the low quality PVC Mica to the CC.  The CC in support of his contentions has submitted bills Ex.C-1 and Ex.C-2 and also submitted Ex.C-3 the complaint regarding PVC Mica or black Cobra.  The CC has also submitted one receipt showing receipt of Rs.30,000/- by one Amrik Singh from the CC.

9.            We feel, that the CC definitely falls within the definition of the consumer and it is also proved on file that OP No.1 has indulged in malpractice and unfair trade practice by not supplying the quality PVC mica for which the CC had already paid to OP No.1.

10.          In view of our above discussion, the present complaint is allowed with the direction to OPs to repair the entire cup boards of the CC to his satisfaction, free of cost within a period of 60 days from the date of receipt of certified copy of this order. The OPs are further burdened to pay a consolidated amount of compensation to the tune of Rs.10,000/- (Rs. Ten Thousand only) to the CC.  Free certified copies of this order be sent to the parties, as per rules. The file be consigned to record room.

November 10, 2021

(Sanjiv Dutt Sharma)

I agree.

(Gagandeep Gosal)