Haryana

Ambala

CC/55/2024

MEHTAB SINGH. - Complainant(s)

Versus

K.K ENTERPRISES. - Opp.Party(s)

IN PERSON.

09 Dec 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case no.        :  55 of 2024

                                                          Date of Institution         :  23.02.2024

                                                          Date of decision   :  09.12.2024

 

Mehtab Singh aged about 22 years son of Shri Parduman Singh, resident of House No.61-B, Police Lines, Ambala City, Tehsil and District Ambala, Aadhar Card No.6705 9052 0439.

 

                                                                                                                                                        ……. Complainant.

Versus

 

K.K. Enterprises, Proprietor Chirag Kataria, 109,110, first Floor Aaditya Complex, Plot No.12, Commercial Complex, Preet Vihar, In Front of Preet Vihar Metro Station, Delhi-110092, New Branch B-6/170, Sector-7, Rohini, Delhi Mobile No.9899711680, 8287133963.

               .                                                 .…. Opposite Party.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

        Shri Vinod Kumar Sharma, Member.                 

                            

Present:       Shri Khushal Singh, Advocate, counsel for the complainant.

        OP already ex parte v.o.d. 19.04.2024.

 

ORDER:     SH. VINOD KUMAR SHARMA, MEMBER.

 

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To refund/pay the amount of Rs.17,800/- and Rs.2,000/-, as costs of LED and installation charges alongwith interest.
2. To pay Rs.25,000/- as compensation for the mental agony and physical harassment suffered by him.
3. To pay Rs.10,000/-, as litigation expenses.
4. Grant any other relief which this Hon’ble Commission may deem fit.  

                  

Brief facts of the case are that on 29.08.2023, the complainant had purchased 43 inch Webos 4K LED through whatsapp from the OP for a sum of Rs.17,800/-. Complainant made whole payment through Google pay to the OP. The OP gave six month guarantee and six month warrantee of the said LED to the complainant. The OP delivered the said LED through courier and charged Rs.2,000/-, for installation of LED through Google Pay from the complainant. When the said LED was sent to the house of the complainant by the OP, there was some mark on the said LED and it seems to be used LED . Thereupon the complainant made complaint through whatsapp to the OP and it gave assurance to the complainant to use said LED for one month and even then LED was found more defective, the same will be replaced or it will be got repaired. Thereafter OP stopped to pick-up the phone of the complainant and only gave messages on whatsapp at every time, the OP made excuses by making pretext for the one reason or other. The OP threatened the complainant to the effect that complainant do whatever. The OP will neither change the LED or nor repair the same. OP caused a breach of trust, which amounts to deficiency in service. Hence, the present complaint.

2.                Upon notice, none has appeared on behalf of the OP before this Commission, therefore, it was proceeded against ex-parte vide order dated 19.04.2024.

3.                Learned counsel for the complainant tendered affidavit of complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-8 and closed the evidence on behalf of complainant.

4.                We have heard the learned counsel for the complainant and have also carefully gone through the case file.

5.                Admittedly, the complainant purchased the LED in question from the OP, vide invoice NO.1393 dated 29.08.2023, for a sum of Rs.17,800/- Annexure C-2. The learned counsel for the complainant has argued that when the said LED was sent to the house of the complainant by the OP, there was some mark on the said LED and it seems to be used LED. Thereupon, the complainant made complaint through whatsapp to the OP and it gave assurance to the complainant to use said LED for one month and even then LED was found more defective and assured that OP will replace the defective LED with new one as per warranty policy. These contention of the complainant duly proved as per whatsapp chat Annexure C-3 and C-4 exchange between complainant and the OP. The complainant has placed on record the photographs Annexure C-6 to C-8, which reflects the mark on the screen on the said LED. However, neither the OP considered his complaint nor replaced the LED with new one. It may be stated here that none of the OP has preferred to appear before this Commission and rebut the above said version of the complainant. Thus, we have no option but to accept the version of the complainant which is duly supported by his affidavit and other supporting documents. Since the LED of the complainant got defective within warranty period and the OP could not rectify the problem occurred in it, therefore, the OP being the manufacturer/seller, is liable to replace the said defective LED with the new one or to pay the cost of the said LED to the complainant. However, it is not liable to pay the amount of Rs.2,000/- on account of installation charges because the complainant has failed to place on record any document in this regard.  OP is also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation expenses.

6.                In view of the aforesaid discussion, we hereby allow the present complaint against OP and direct it, in the following manner:-

1. To replace the defective LED in question with the new one of the same model, as purchased by the complainant. If OP is not in position to replace the same, then refund the amount of Rs.17,800/-, i.e. the price of the LED, alongwith interest @ 6% per annum w.e.f. 23.02.2024 i.e. the date of the filing of complaint, till its realization.
2. To pay Rs.5,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.3,000/- as litigation expenses.

 

                   The OP is 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, failing which the OP shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :09.12.2024.

 

 

 

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

              Member                            Member                            President