DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
PATIALA.
Consumer Complaint No. 124 Dt.12/04/2017 Decided on: 07/01/2021
Dr. Balwinder Singh Bhatti Resident of House No.367, Anand Nagar-A, Tripuri Town, Patiala.
…...Complainant
Versus
1. Kasturi Mega ventures Private Limited, Franchisee of STAR CJ Network India Private Limited, Farrukhnagar, Gurgaon, Haryana -123503 through its Manager.
2. The Manager, Vego Home Services Private Limited No.303-304, Acme Industrial Park, Off I.B. Patel Road, Western Express Highway, Gurgaon ( East) Mumbai- 400063
….Opposite Parties
Complaint under Section 11 to 14 of the Consumer Protection Act, 1986.
QUORUM
Sh. Jasjit Singh Bhinder, President Sh. Vinod Kumar Gulati, Member Sh. Y. S. Matta , Member
ARGUED BY:
Sh. Rohit Sharma Adv. Counsel for complainant. OPs ex-parte.
ORDER
JASJIT SINGH BHINDER, PRESIDENT
1. Balwinder Singh Bhatti complainant has filed this complaint under Section 11 to 14 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) against the Opposite Parties namely Kasturi Mega ventures Private Limited and another (hereinafter referred to as the OPs).
2. Brief facts of the case is that on 14/04/2015 complainant online telephonically booked three Vego Atom Air Cooler ATK06 @ Rs.2999/- per piece vide Invoice No.201504150784, 201504150785 & 201504150786 from the OPs. On receiving the said three Vego Atom Air Cooler, complainant was shocked to see that the said coolers were defective and are no functioning properly and there was manufacturing defect in the same and make heavy noise. Complainant lodged telephonic complaint with customer care of OPs with Star CJ Network India Pvt. Ltd.. Again complainant on 30/5/2015 lodged a complaint with Vego Home Services Private Ltd but no needful was done by the OPs. OPs made a false promise to remove the defects in the said Air Coolers. None of the Vego Home Services Pvt. Ltd Company’s member visited the premises of complainant to rectify the defect in three coolers and that it was told to the complainant that the said Air Coolers are having manufacturing defects. It is alleged that on 07/04/2017 the complainant again tried to lodge a complaint with Star CJ Network India Ltd but they did not respond and told that the complaint should be lodged with Vego Company . Even an Email dt.8/4/2017 was also sent by the complainant to the OP but nothing has been done. Complainant requested the OPs to replace the said Air Coolers with new one or to refund the price of said Air Coolers as Rs.8997/- but all in vain. With this background of facts, the complainant has filed the present complaint with the prayer for direction to the OPs to replace the said Air Coolers with new one or to refund Rs.8997/- alongwith interest @ 18% pa from the date of invoice and to pay Rs.80,000/- as compensation and Rs.10,000/- as cost / litigation expenses.
3. Upon notice, none has appeared on behalf of OPs No.1 & 2. Consequently OPs were proceeded against ex-parte.
4. In support of the complaint, Complainant tendered in ex-parte evidence Ex.CA his duly sworn affidavit alongwith documents Ex.C-1 to Ex.C-5 and closed his evidence.
5. We have heard the ld. Counsel for the complainant and have also gone through the record of the case, carefully.
6. In the ex-parte evidence Dr. Balwinder Singh tendered his affidavit and he deposed as per his complaint and tendered retail invoice dt.15/4/2015 Ex.C-1 to Ex.C-3, Ex.C-4 is the email of the complainant filed by the complainant to the OPs. Ex.C-5 is the legal notice issued to both the OPs by the complainant. So from the un-rebutted evidence on the file, it is clear that the complainant purchased three Vego Atom Air Cooler for Rs.2999/- each on 15/04/2015. It was found that all the coolers were defective one and were not functioning properly. Complainant lodged various complaint but none of the complaint was attended to. OPs had not appeared despite the fact that registered notices were sent to their address.
7. So from the un-rebutted evidence, the complainant stands allowed and Opposite parties are directed to refund Rs.8997/- along with interest @ 6% per annum from the date of the purchase i.e. 15/04/2015 and complainant is directed to return three Vego Atom Air Cooler to the OPs. Opposite parties are also directed to pay Rs.10,000/- as compensation and Rs.10,000/- as cost of litigation to the complainant. Compliance of the order be made by the OPs within a period of 45 days from the date of receipt of the certified copy of this order.
ANNOUNCED*
Dated: 07/01/2021
Y. S. Matta Vinod Kumar Gulati Jasjit Singh Bhinder
Member Member President
