Haryana

Ambala

CC/242/2020

Kusum Kumar - Complainant(s)

Versus

Aggarwal Comfort Products Pvt Ltd. - Opp.Party(s)

J.S.Walia

02 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	242/2020
Date of Institution	:	16/10/2020
Date of decision	:	02.05.2023

 

Kusum Kumar aged about 37 years son of Shri Tarsem Lal resident of House no. 1193/1,(Old), 1129/1 Kaith Majri, Ambala City.

          ……. Complainant.

                                                Versus

1. Aggarwal Comfort Products Pvt. Ltd. Sarafa Bazar, Ambala City Distributors for Haryana Sleep Well Through its authorized signatory.
2. Head Office Sleep Well, Sleep Well Tower, # 14, Sector 135, Noida, Uttar Pardesh 201301 Through its authorized signatory.

 

….…. Opposite Parties

Before:         Smt. Neena Sandhu, President.

                              Smt. Ruby Sharma, Member,

           Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri J.S.Walia, Advocate, counsel for the complainant.

                              Shri D.N. Pali, Advocate, counsel for the OP No.1

                    None for OP No.2.

Order:        Smt. Neena Sandhu, President.

1.                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 repay the amount of the mattresses in question along with interest
2. To replace the mattresses with new mattresses, free of cost.
3. To pay compensation of Rs.30,000/- to the complainant on account of suffering of physical and mental harassment, wastage of his precious time
4. To pay litigation expenses to the tune of Rs.10,000/-

                             OR

 Grant any other relief which this Hon’ble Commission may deems fit.

2.             Brief facts of the case are that OP No.1 is the distributor of product of sleep well in Haryana and OP No.2 is the head office of Sleep well at Noida. On  promises made by the OPs that the mattresses sold by them are of very good quality the Complainant had purchased 1 pair mattress 72 x 35 x 4 sleeveless amounting to  Rs. 5200/- + 700/-  (total Rs.5900/-) from the OPs vide bill no. 60 dated 06-08-2012, which carried guarantee of 10 years. The said mattresses were suffering from manufacturing defect, as it started pressing and strangling after few months of purchase thereof. The matter was reported to OP No.1 but to no avail. The complainant then made a complaint on the toll free no.18001036664, which was forwarded to one Mr. Pankaj mobile no.8950064779 and Mr. Ranjit i.e. mobile no.7206471051. The said persons visited the house of the complainant and inspected the defective mattresses and found that the same are suffering from defect. Resultantly, request was made by the complainant to replace the defective mattresses with a new one, being under guarantee but the OPs demanded more amount of Rs.6000/- for the same. However, when the complainant raised objection on the ground that the same being under guarantee are required to be replaced free of cost, the OPs started lingering on the matter and till date did not take any action in the matter.  Under those circumstances, the complainant served legal notice upon the OPs on 25-09-2020. OP No.1 replied the legal notice on 5-10-2020, admitting the fact with regard to defective mattresses and also admitted to replace the mattresses with new but denied to pay legal expenses of the notice. Hence this complaint.
3.           Upon notice, OP No.1 appeared and filed written version and raised preliminary objections with regard to maintainability, no cause of action, not come with clean hands and suppressed the true and material facts etc. On merits, while admitting the fact with regard to purchase of the mattresses in question by the complainant, it has been stated that the intention of the complainant is just to exchange his purchased Sleepwell Mattresses, which he had used rough and tough during the guarantee period. When OP No.1 was informed that the complainant wants to get the same exchanged by new one being within guarantee period, OP No.1 treated the complainant nicely being customer and became ready to change the same. Although the mattresses were roughly used by the complainant; but OP No.1 clarified to the complainant that he can exchange the sold mattresses of Sleep Well of same model; but during exchange the complainant out of his greediness had chosen other mattresses in exchange; and thus OP No.1 requested the complainant to pay differential amount of Rs.6,000/- as the mattresses chosen by him in exchange are of superior quality than the mattresses sold to him. The complainant thereafter left the premises of OP No.1 with a threat to teach it a lesson. In order to put undue influence upon the OPs,  the complainant got them issued Legal Notice dated 24.09.2020 by depicting all the false facts, which notice was duly replied by elaborating all the facts but despite that the complainant filed this complaint on false facts. Rest of the averments of the complainant were denied by OP No.1 and prayed for dismissal of the present complaint with costs.
4.           Upon notice, OP No.2 appeared and filed written version stating therein that it is duty bound to describe the product to the customer and once the customer purchase the mattress, it provides the guarantee card associated with the mattress in which terms and condition of guarantee is mentioned. Sleepwell being a very known brand always strive for customer satisfaction. It is further stated that if the customer feel any defect in the mattress, need to intimate OP No.2 i.e manufacturer of the mattresses and all the information to register the complaint is mentioned in the guarantee card providing to customer at the time of purchase of mattress. Complainant purchase the mattress on 06.08.2012, but the complaint was registered on 30.08.2020. Once the complaint is registered by the complainant it immediately sent its executive to inspect the mattress. On inspection, the mattress was found defective, the customer was required to provide the correct product bill but the bill shown by the complainant was different from the product as inspected by it. It is further stated that after inspection it assured the replacement of the mattress as per the warranty terms, same is mentioned in the inspection report given to the complainant.  It never denied the replacement of the mattress. It is therefore, prayed that the complaint filed by the complainant against it may be dismissed.
5.            Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW/1A alongwith documents as Annexure C-1 to C-5 and closed the evidence on behalf of the complainant. Learned counsel for the OP No.1 tendered affidavit of Rajinder Jindal, Proprietor of Aggarwal Comfort Products Private Limited, Sarafa Bazar, Ambala City as Annexure OP-1/A and closed the evidence on behalf of OP No.1.
6.           We have heard the learned counsel for the complainant and learned counsel for OP No.1 and have also carefully gone through the case file.
7.           Learned counsel for the complainant submitted that by neither replacing the defective mattresses with a new one nor refunding the price of the said mattresses, the OPs have committed deficiency in providing service, thereby causing mental agony and harassment to the complainant.  
8.           On the other hand, learned counsel for OP No.1 submitted that OP No.1 was always ready to replace the mattresses in question with a new one,  as the same were found defective within the guarantee period, yet, the  complainant wanted replacement with new mattresses of high model on the same price, which was not feasible and under those circumstances, when he was asked to make the differential amount, he refused to pay the same and on the other hand filed this consumer complaint, instead of getting the mattresses replaced with a new one of the same make and model. 
9.           It may be stated here that it is coming out from the record that the mattresses in question which were purchased by the complainant on 06-08-2012,  vide bill Annexure C-4, suffered defects in the year 2020 i.e. after about 8 years, which were reported by the complainant to the OPs in the year 2020 itself, as the same were under guarantee of 10 years i.e. till 06.08.2022. It is also coming out from the record that when legal notice dated 25-09-2020 was served by the complainant upon the OPs in the matter, OP No.1 vide reply dated 5-10-2020, Annexure C-5, agreed to replace the mattresses with a new one free of cost and also it was made clear therein that in case the complainant wants to exchange the said mattresses with superior quality, he will have to pay the differential cost thereof. The OP No.2, in its written version has stated that it is ready to give replacement to the customer as a goodwill gesture. Significantly, there is nothing on record that thereafter the complainant approached the OPs for replacement of the defective mattresses and on the other hand had filed this consumer complaint. Even in complaint itself, it has been clearly mentioned by the complainant that though OP No.1 replied the legal notice on 5-10-2020, admitting the fact with regard to defective mattresses and also admitted to replace the mattresses with new but denied to pay legal expenses of the notice, meaning thereby that the OPs were ready to replace the defective mattresses with a new one, yet, only when legal notice in the matter was served upon them by the complainant.
10.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, jointly and severally, in the following manner:-

1. To replace the mattresses, with the new one of the same make and model with fresh warranty, free of costs. If the OPs are not in position to replace the said mattresses of the same make and model, then refund the amount of Rs.5,900/-,to the complainant. 
2. To pay Rs.2,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.1,500/- as litigation charges

 

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 02.05.2023.

 

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