DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C.No. 127 of 25-05-2023

Decided on : 06-12-2023

Sunita Rani aged about 54 years W/o Parbodh Kumar Sole Prop. of Bonntail, House No.3, Model Town, Phase-I Near T.V Tower, Bathinda.

........Complainant

Versus

Bhakti Santosh Nirgude, Prop. of Woodstory, E-15, Ashirwad Garden, NDA Road, Shivane Pune, Maharashtra-411023.

.......Opposite party

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM

Sh.R.L Mittal, President

Smt.Sharda Attri, Member

Present :

For the complainant : Sh.Surjit Singh, Advocate.

For opposite party : Ex-parte.

ORDER

R.L Mittal, President

1. The complainant Sunita Rani (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Bhakti Santosh Nirgude Prop. of Woodstory (here-in-after referred to as opposite party).

2. Briefly stated, the case of the complainant is that opposite party is doing the work of Motessari Wooden Educational Toys for kids under the name and style of woodstory.

3. It is alleged that the complainant placed an order of 100 Montessari Wooden Educational Toys for kids on 7.9.2022 with an advance payment of Rs.22,500/- thorugh current account bearing No.5020006974804 drawn on HDFC Bank. Opposite party made request to the complainant to send the remaining amount of the articles plus transportation charges. The complainant again sent a sum of Rs.41,580/- as balance and amount of transportation charges in the account of opposite party on 28.11.2022.

4. It is alleged that the complainant received 120 articles/products of Montessari Wooden Educational Toys on 3.1.2023 vide invoice dated 24.11.2022. After opening the products, it was found that 'Alphabets were not filling in proper shape and were not fitting in the puzzles, chemical colour was leaking from the toys that are not similar to the ones provided the complainant and numericals were already breaking. The complainant informed opposite party regarding the problem in the product, it agreed to refund the full amount of Rs.64,080/- within short time for two weeks on 22.2.2023.

5. It is further alleged that the complainant many times approached opposite party through telephone and requested it to refund the amount of Rs.64,080/-, but all in vain as no sufficient reply was given to him and opposite party totally declined the requests of the complainant. The complainant also got issued the legal notice through his counsel on 12.4.2023, but neither any reply was given by opposite party nor it has refund the amount of Montessari Wooden Educational Toys.

   On this backdrop of facts, the complainant has prayed for directions to opposite party to pay him amount of Rs.64,080/- alongwith up to date interest and to pay Rs.50,000/- as compensation on account of mental tension, agony, botheration and harassment and Rs.11,000/- as litigation expenses.

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

7. In support of his complaint, complainant has tendered into evidence his affidavit dated 25.5.2023, (Ex.C1) and documents, (Ex.C2 to Ex.C9).

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

9. Learned counsel for complainant has reiterated his stand as taken in his averments as detailed above.

10. We have given careful consideration to these submissions.

11. The cause-of-action arose in favour of the complainant and against opposite party when the complainant purchased the Motessari Wooden Educational Toys from opposite party and when opposite party sent defective Motessari Wooden Educational Toys and when the complainant requested opposite party for refund the amount of Motessari Wooden Educational Toys and when he sent the notice to opposite party and it totally refused to accept the request of the complainant.

12. Motessari Wooden Educational Toys was delivered to the complainant by opposite party at Bathinda and order of the same was given from Bathinda and payment was made from Bathinda in the account of opposite party.

13. The complainant purchsad 120 articles/products of Montessari Wooden Educational Toys for Rs.64,080/- vide invoice dated 24.11.2022, (Ex.C1). After opening the products, they were found defective, (Ex.C5 to Ex.C7) prove this fact. The complainant many times approached opposite party and requested it to refund an amount of Rs.64,080/-, but to no avail. He also got issued the legal notice, (Ex.C8) through his counsel on 12.4.2023, but no reply was given to the legal notice. Moreover opposite party has not come forward to contest the complaint of the complainant. Therefore, evidence of the complainant is unrebutted and unchallanged. There is no reason to disbelieve the version of the complainant.

14. In view of what has been discussed above, present complaint is partly accepted with Rs.5000/- as cost and compensation against opposite party. Opposite party is directed to refund an amount of Rs.64,080/- to the complainant.

15. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

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

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

    Announced

    06-12-2023 (R.L Mittal)

    President

     

    (Sharda Attri)

    Member