Chandigarh

DF-I

CC/894/2021

Urvashi Talwar - Complainant(s)

Versus

Shri Gurvinder Singh Proprietor, M/s Karam Industries - Opp.Party(s)

Surinder Jaipal

15 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Urvashi Talwar, W/o Sh. Satish Talwar Proprietor of M/s Spenser India, B-17, Focal Point, Phase-II, Ludhiana-141008 (Punjab) R/o House No.1069, Sector-15B, Chandigarh-160015.

… Complainant

V E R S U S

Sh. Gurvinder Singh Proprietor, M/s Karam Industries Plot No.60/35-V/234, Street No.1, Guru Nanak Nagar, Daba Lohara Road, Ludhiana-141008 (Punjab). Phone 9872173005.

Email … Opposite Party

Per Surjeet kaur, Member

1.      The long and short allegations are that the complainant approached the OP for the supply of various sizes of Spring Washers. As per complainant, purchase order No.SI-232 dated 16.03.2021 was issued to the Opposite Party. Total amount of the material to be purchased as per the purchase order was Rs.6,09,175/- (Annexure C-1). As per the terms and conditions of the purchase order, the OP was supposed to provide the Inspection Report and the Material TC, however, the OP failed to provide the necessary documents in this regard. The complainant made a payment of Rs.3,00,000/- to the OP dated 18.03.2021 (Annexure C-2).

         As per complainant, the material supplied by the OP was found to be substandard and was not as per the quality measures as mentioned in the drawing provided to the OP and moreover, the material used to manufacture the spring washers was also of substandard quality. The complainant time and again informed the OP about the quality of the substandard material supplied but the OP never initiated to contact the complainant in this regard and kept her waiting for long time. The complainant tried to contact the OP several times but the OP stopped taking her phone calls and even stopped responding to her massages sent via emails and other modes. The copies of emails are annexed as Annexure C-3 & C-4. However, neither the amount has been refunded nor any response, to the legal notice dated 01.11.2021 sent by the complainant to the OP (Annexure C-5 Colly). Hence, this present complaint.

2.     Notice of the complaint was sent to OP seeking its version of the case. However, nobody appeared on behalf of OP despite service, therefore, it was proceeded ex-parte on 13.07.2022.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case.
5.     As per the case of the complainant, she paid an amount of Rs.3,00,000/- for the purpose of purchasing spring washers. The sole grouse of the complainant in the present case is that the material supplied was of substandard quality and accordingly, she informed the OP regarding the bad/poor quality of the product in question and sought for the refund of the amount paid. But despite service of the legal notice no response was received from the OP for redressal of the grievance of the complainant. Hence is the present complaint. 
6.     Significantly, OP did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP draws an adverse inference against it. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.     Evidently as per Annexure C-1, some material relating to spring washers was ordered to the OP worth Rs.6,09,175/-, but after the payment of Rs.3,00,000/- dated 18.03.2021, as per Annexure C-2 page 26, the OP delivered the relevant material. But the material being defected, the problem was conveyed to the OP many times telephonically and through email dated 15.09.2021 page 28 of the paper book. Through this email the complainant alleged that the OP failed to provide the full quantity of the full spring washers and also the material supplied was of substandard quality and was not as per dimensional requirement of the complainant and hence she requested for the refund. Again an email was sent on 25.09.2021 followed by legal notice dated 01.11.2021.

         Hence, we are of the opinion that act of the OP for selling substandard product, non-providing proper after sale services, non-replying to the emails and legal notice and most importantly non-appearing during the proceedings of the present case proves deficiency in services and its indulgence in unfair trade practice.

8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. To refund amount of ₹3,00,000/- to the complainant alongwith interest @ 9% per annum from the date of filing this complaint till realization. The complainant shall, however, return the material/spring washers in question to the OPs.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹5,000/- to the complainant as costs of litigation.

9.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.