DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.214 of 08-08-2019

Decided on 27-11-2019

Sarabjit Singh S/o Manohan Singh R/o H.No.29107, Street No.2, Janta Nagar, District Bathinda.

........Complainant

Versus

A One Industries, Street No.2, Ram Bagh Road, Grain Market, Bathinda, through its Prop/Partner.

.......Opposite party

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Sh.M.P Singh Pahwa, President.

Smt.Manisha, Member.

Present:-

For the complainant: Sh.Anupras Singh, Advocate.

Opposite party: Ex-parte.

ORDER

M.P Singh Pahwa, President

1. The complainant Sarabjit Singh (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite party A One Industries (here-in-after referred to as opposite party).

2. Briefly stated, the case of the complainant is that he purchased one Air Cooler of A One company for Rs.9000/- from opposite party on 1.5.2019 with 5 years guarantee. Opposite party did not issue any bill to the complainant, but it gave only in writing at the back of its visiting card.

3. It is alleged that after sometime from the date of purchase, the cooler was not giving proper cooling. The complainant came to know that opposite party sold him old cooler after polishing it. He made many complaints to opposite party, but to no response. Now, opposite party has totally declined the requests of the complainant. The cooler is lying in his house. He also got issued legal notice through his counsel, but to no response.

   On this backdrop of facts, the complainant has pleaded that he has suffered from physically and mental agony. For these sufferings, he has claimed compensation to the tune of Rs.50,000/- in addition to Rs.11,000/- as cost of litigation and refund of price or replacement of cooler with new one. Hence, this complaint.

4. Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against it.

5. Complainant was asked to produce evidence.

6. In support of his claim, the complainant has tendered into evidence his affidavit, (Ex.C1); photocopy of legal notice, (Ex.C2); photocopy of receipt, (Ex.C3); photocopy of visiting card, (Ex.C4) and photocopy of writing, (Ex.C5).

7. We have heard learned counsel for complainant and gone through the file carefully.

8. Learned counsel for complainant has reiterated his stand as taken in the complaint and detailed above.

9. We have given careful consideration to these submissions.

10. The complainant has claimed that he has purchased one cooler from opposite party and opposite party has not issued him bill. He has also placed on record visiting card and writing, (Ex.C4 and Ex.C5) to prove that he has purchased cooler from opposite party.

11. It is case of the complainant that the cooler is not working properly from the very beginning. Of-course, no expert report is produced on record to prove this fact, but the complainant got issued legal notice, (Ex.C2) to opposite party reiterating his averments as mentioned in the complaint. It is also his case that no reply to the legal notice was received. Moreover opposite party has also not come forward to contest the claim of the complainant regarding working of cooler also. Therefore, adverse inference is to be drawn against opposite party for this reason. It is to be accepted that the cooler is not working properly.

12. For the reasons recorded above, the complaint is partly accepted with Rs.3000/- as cost and compensation against opposite party. Opposite party is directed to replace the cooler in question with new working condition cooler .

13. The compliance of this order be made within 30 days from the date of receipt of copy of this order.

14. The complaint could not be decided within the statutory period due to heavy pendency of cases.

15. Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

    Announced:-

    27-11-2019

    (M.P Singh Pahwa)

    President

     

     

    (Manisha)

    Member