Punjab

Sangrur

CC/331/2023

Jaswant Singh - Complainant(s)

Versus

Garg Electric Traders - Opp.Party(s)

Sh. Sonu Singla

18 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                         Complaint No. 331

 Instituted on:   12.12.2023

                                                                         Decided on:     18.03.2024

 

 

Jaswant Singh aged 63 years son of Sawinder Singh, now resident of Punia Colony, Lane No.01, Sangrur, Tehsil and Distt. Sangrur.

                                                          …. Complainant.     

                                                 Versus

Garg Electric Traders, Opposite Guga marhi, Near Vishal Mega Mart, Sangrur. 

             ….Opposite party 

For the complainant:             : Shri  Sonu Singla, Adv.              

For OP                                   : Exparte.

Quorum                                           

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

ORDER

SARITA GARG, MEMBER

1.             Complainant has filed this complaint against the opposite party pleading that the complainant purchased East White company’s ISI mark 250 pieces switch, 80 pieces socket, 20 pieces switch, 40 pieces Module plate, 20 pieces Module Plate, 20 pieces regulator and 10 pieces AC starter from the OP on 4.9.2023 by paying an amount of Rs.16870.26.  Further case of the complainant is that the OP issued bill dated 4.9.2023 for the total amount of Rs.30,568.  All the above said material was having one year warranty.  The grievance of the complainant is that in the month of September, 2023, the above said all switch stopped working, as such the complainant visited the shop of the OP for the replacement of the said switches etc., the OP then replaced the same, but the replaced switches are not still working properly. The complainant again approached the OP and requested for replacement of the above said material, but all in vain.  Lastly, the complainant has prayed that the OP be directed to refund the amount of Rs.16,870.26 with interest and also claimed compensation and litigation expenses.

2.             Record shows that opposite party refused to accept service through process server, as such the case was called so many times, but none for the OP appeared , as such the OP was proceeded against exparte on 31.01.2024.

3.             The complainant produced his exparte evidence and closed thereafter.

4.             We have heard the arguments of the learned counsel for the complainant and perused the whole of the case file.

5.             Record reveals that the complainant has produced various switch items etc. from the OP vide bill, copy of which on record is Ex.C-2. Ex.C-3 is the copy of email sent to the OP complaining about the faulty switches etc., wherein it has also been mentioned that all the switches etc. which were replaced in the month of September,2023  have again problems and are not working properly  and requested for the refund of the amount or the replacement of the switches etc.  This exparte unrebutted evidence is duly supported by the affidavit of the complainant, Ex.C-1. The report on the backside of the summons also reveals that the service of notice was refused by OP. Now, we find that it is a clear cut case of deficiency in service on the part of the OP.

6.             In view of our above discussion, we allow the complaint and direct OP to refund to the complainant an amount of Rs.16,870/- alongwith interest @ 7% per annum from the date of filing of the complaint  i.e. 12.12.2023 till its realization in full, however, subject to returning of the defective switches to the OP. We further direct OP to pay to the complainant an amount of Rs.5,000/- as compensation for mental tension, agony and harassment and litigation expenses. 

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

8.             This order be complied with within a period of sixty days of its communication. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

Pronounced.

                        March 18, 2024.