Punjab

Sangrur

CC/469/2022

Paramjit Singh - Complainant(s)

Versus

Ashoka Crockery - Opp.Party(s)

Sh. Navit Puri

11 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                         Complaint No. 469

 Instituted on:   06.05.2022

                                                                        Decided on:     11.01.2023

 

 

Paramjit Singh son of Karnail Singh, resident of Ram Nagar Basti, Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.             Ashoka Crockery House, Sadar Bazar, Sangrur through its Proprietor/partner.

2.             Sunflame Enterprises Private Limited, Head office: 27-C, Mathura Road, Sector 4, Sector 27-C, Faridabad (Haryana) 121003 through its Managing Director.

             ….Opposite parties. 

 

For the complainant  : Shri Navit Puri, Adv.             

            For OPs                    : Exparte.

 

Quorum                                          

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

 

 

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT.

 

1.             Complainant has approached this Commission alleging inter-alia that the complainant availed the services of the OP number 1 by purchasing three burner gas stove of Sunflame company vide bill number 10270 dated 8.8.2021 for Rs.4000/- and at the time of purchase of the same, the OP number 1 gave a warranty of five years for the gas stove. The grievance of the complainant is that in the month of October, 2021, the said gas stove started giving problem of the burners as the flame of burners was very low, as such the complainant immediately approached OP number 1 and apprised about the defect, the opposite party number 1 though gave assurance to the complainant for deputing of the mechanic, but no mechanic was sent.  The complainant also in the month of December, 2021 sent an email on 29.12.2021 to the OP number 1 and requested for removal of the defects.  Lastly, the complainant got served a legal notice upon the OPs on 9.3.2022, but all in vain.  Thus, the complainant has approached this Commission with a request for refund of the price of the sunflame gas stove i.e. Rs.4000/- alongwith interest @ 18% per annum and further to pay an amount of Rs.50,000/- on account of compensation for mental agony, harassment and further Rs.11,000/- as litigation expenses.

2.             The OP number 1 did not appear despite service, as such, OP number 1 was proceeded against exparte on 13.7.2022. Though one Shri Amandeep Singh, Technician appeared for OP number 2 on 13.7.2022 and 8.8.2022 but did not file any written reply, as such OP number 2 was also proceeded against exparte.

3.             The learned counsel for the  complainant produced Ex.C-1 affidavit, Ex.C-2 copy of bill, Ex.C-3 and Ex.C-4 copies of emails, Ex.C-5 copy of legal notice, Ex.C-6 to Ex.C-7 postal receipts and Ex.C-8 and Ex.C-9 copies of track consignment and closed evidence.

4.             We have gone through the pleadings put in by the complainant along with his supporting documents with his valuable assistance.

5.             Learned counsel for the complainant has argued vehemently by purchasing three burner gas stove of Sunflame company vide bill number 10270 dated 8.8.2021 for Rs.4000/-, copy of which on record is Ex.C-2 and at the time of purchase of the same, the OP number 1 gave a warranty of five years for the gas stove. The grievance of the complainant is that in the month of October, 2021, the said gas stove started giving problem of the burners as the flame of burners was very low, as such the complainant immediately approached OP number 1 and apprised about the defect, the opposite party number 1 though gave assurance to the complainant for deputing of the mechanic, but no mechanic was sent.  The complainant also sent emails, copies of which on record are Ex.C-3 and Ex.C-4 and requested for removal of the defects.  The complainant also got served a legal notice upon the OPs on 9.3.2022, copy of which on record is Ex.C-5 but nothing was done on the part of the OPs to redress the grievance of the complainant.

6.             We have perused the whole case file and heard the learned counsel for the complainant.  A bare perusal of the record reveals that the OPs chose to remain exparte.  It is proved on record that the complainant spent an amount of Rs.4000/- for purchase of the gas stove in question, which was defective one, which was even not repaired despite the efforts of the complainant by sending emails and even of serving the  legal notice upon the OPs, as such, all the evidence on record remains unrebutted. Accordingly, we feel that the complainant has successfully proved his case.

7.             So, in view of our above discussion, we allow the complaint and direct the Ops to refund to the complainant an amount of Rs.4000/- being the cost of sunflame gas stove.  We further direct the OPs to pay to the complainant an amount of Rs.1000/- as compensation for mental agony, harassment and an amount of Rs.1000/- as litigation expenses. Further it is made clear that the complainant shall return the sunflame gas stove to the OPs at the time of getting the payment.  This order be complied with by the opposite parties within a period of 60 days from the date of receipt of certified copy of this order, failing which the OPs shall be liable to pay interest @ 7% per annum on the awarded amount of Rs.4000/- from the date of filing of the present complaint i.e. 06.05.202 till its realization.

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

9.             Copy of this order be supplied to the parties free of cost. File be consigned to the records.

                                Pronounced.

 

                                January 11, 2023.