BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 489 of 2022      

                                                          Date of Institution: 03.08.2022

                                                          Date of Decision:   24.11.2023. 

Sandeep Garcha, aged 36 years son of Dr. Mohan Garcha, resident of Near Old Patwar Khana, Sang Patti, Rori, Tehsil Kalanwali, District Sirsa (Haryana), PIN-1254201, owner/ proprietor of “Muscle Factory”.

                                                                   ………Complainant.

                                      Versus

Royal Sports India, 406, Mahavir Ji Nagar, Merrut- UP Road, Delhi- 250002, through its owner Shri Punit Jain, Manager Rupali.

                    ……… Opposite party.

          Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR………. PRESIDENT

          SMT. SUKHDEEP KAUR……………..MEMBER                     

            SH. OM PARKASH TUTEJA… ……….MEMBER               

Present:         Sh. D.S. Dandiwal, Advocate for complainant.

Opposite party already exparte.

ORDER

          The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred as OP).

2.                In brief, the case of complainant is that complainant to earn for his livelihood set up a Gym at village Rori, Tehsil Kalanwali, District Sirsa under the name and style of “Muscle Factory” and for the said Gym he purchased various types of components for Gymnasium from the op worth Rs.5,50,000/- vide tax invoice no. 409 dated 27.12.2021. The delivery of such components was to be made by the op at the address of complainant and same were also to be installed at the Gym premises of complainant by the worker/ employee of op. It is further averred that worker/ employee of op namely Fahim delivered the purchased components to the complainant at his premises in village Rori which were got unloaded by the worker/ employee of op. That when complainant tallied the components supplied with the bill/ invoice, the items namely Dumbbel 80 Kgs. worth Rs.6800/-, cover of weight assisted chin worth Rs.500/- and dip machine worth Rs.8500/- were missing whereas the items namely cross fit worth Rs.16,500/-, leg curl extension machine worth Rs.8500/-, treadmill worth Rs.89,500/- were in defective conditions. The missing and defective items were duly noted down by the employee/ worker of op and he had assured that within few days, the missing items will be delivered and defective items will be replaced with new one. It is further averred that since then more than five months have elapsed but the op has not supplied the missing items nor has replaced the defective items despite several contacts made by the complainant to the op from time to time and despite assurances given by op. That due to such act and conduct of the op, the complainant could not run his Gym properly and could not provide better services to his customers and also could not get desired number of customers. Few of the customers have already left his Gym due to defective and paucity of components and therefore complainant has been suffering recurring losses in every month which is quantified at Rs.30,000/- per month. It is further averred that ops has committed gross deficiency in service towards the complainant and has caused unnecessary harassment and mental agony to him. The complainant approached the op and requested to admit his claim but op did not pay any heed to the same. Ultimately complainant got served a legal notice upon the op on 05.06.2022 but now the ops has refused to admit the claim of complainant. Hence, this complaint.

3.       Notice of the complaint was issued to the opposite party through registered cover. OP was also served through substituted service i.e. through whatsapp and through email but none appeared on behalf of op. As such op was proceeded against exparte. 

4.       The complainant in evidence has tendered his affidavit Ex. CW1/A and copies of documents i.e. e-Way Bill Ex.C1, tax invoice dated 27.12.2021 Ex.C2, legal notice Ex.C3 and postal receipt Ex.C4.

5.       We have heard learned counsel for the complainant and have perused the case file carefully.

6.       The complainant in order to prove his complaint has furnished his affidavit Ex. CW1/A in which he has reiterated all the contents of his complaint. The complainant has also placed on file tax invoice dated 27.12.2021 Ex.C2 of the op whereby various Gym components as detailed in the invoice for the total amount of Rs.5,50,000/- were purchased by the complainant from the op. According to the complainant, the items namely Dumbbell 80 Kgs. worth Rs.6800/-, cover of weight assisted chin worth Rs.5000/- and dip machine worth Rs.8500/- were missing whereas the items namely Cross Fit worth Rs.16,500/-, leg curl extension machine worth Rs.8500/- and treadmill worth Rs.89,500/- were in defective conditions and op has not supplied the missing items and has not replaced the defective components despite several requests of complainant and despite serving of legal notice. The complainant has also placed on file copy of legal notice in this regard as Ex.C3. The op despite service of notice failed to appear before this Commission and opted to be proceeded against exparte. Therefore, the pleadings and evidence of complainant remained unrebutted and unchallenged. So, the complainant has duly proved his case. The  op is liable to either supply missing components and to replace the defective items or to refund the price of the missing components and defective items to the complainant.

7.       In view of our above discussion, we allow the present complaint and direct the opposite party either to supply missing components and to replace the defective items with new one or to make refund of the price of the said missing/ defective items i.e. amount of Rs.1,34,800/- to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the said amount of Rs.1,34,800/- from op alongwith interest @6% per annum from the date of this order till actual payment. We further direct the op to further pay a sum of Rs.10,000/- as compensation for harassment and Rs.5000/- as litigation expenses to the complainant within above said stipulated period.  However, remaining relief sought by complainant i.e. monetary compensation of the amount of Rs.30,000/- per month from January, 2022 onwards on account of loss of income is declined as complainant has not proved the factum of such loss through any cogent and convincing evidence in the shape of any supporting affidavit of any customer and to prove the fact that any customer after opening of gym has left his gym. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced:                   Member      Member                President,

Dated: 24.11.2023.                                               District Consumer Disputes

                                                                           Redressal Commission, Sirsa.