Chandigarh

DF-II

CC/389/2020

Ritu Mahajan - Complainant(s)

Versus

Sleepwell World - Opp.Party(s)

Ekakshra Mahajan

05 Jul 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	389/2020
Date of Institution	:	21.08.2020
Date of Decision	:	05.07.2021

 

                                       

                       

 

Ritu Mahajan aged 50 years w/o Sh.Sanjiv Mahajan r/o H.No.3047, Sector 28-D, Chandigarh -160028.

                                ...  Complainant.

Versus

1.     Sleepwell World, SCO 60, Sector 20-C, Tribune Road, Chandigarh.

 

2.     Sheela Foam Limited, C-55,  Preet Vihar, Vikas Marg, Delhi-110092.

 

…. Opposite Parties

 

BEFORE:
	SHRI RAJAN DEWAN,	PRESIDENT
	SMT.PRITI MALHOTRA,	MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Ekakshra Mahajan, Adv. for complainant
	OPs exparte.

      

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that  she purchased mattress by the name of Expression Sr.No.FUDH813G in the year 2017 for Rs.33200/- vide bill dated 23.02.2017 on the representations of OP No.1.   The mattress in question was defective one and on her complaint, the OP resolved the matter by issuing a voucher of Rs.33,200/- to purchase any sleepwell product equivalent to the amount of the voucher or more than the amount mentioned in it. Subsequently, she purchased another mattress of Comfort Cell  2.0 having warranty of 10 years vide bill No.675 dated 28.04.2018 for an amount of Rs.50,100/- and the voucher amount was also adjusted in full against the bill.   Thereafter, she realized that the mattress was defective as lumps had accumulated making it uneven and causing extreme discomfort to any person using the same. The representative of the OPs informed that the entire lot so received was defective one.  It has further been averred that instead of redressing the grievance of the complainant, OP No.1 issued voucher for an abysmal amount of Rs.18,260/- against the purchase made by it despite the fact that the defect had surfaced within two years of its purchase. Aggrieved with the product, she corresponded with the OPs multiple times but they did not relent. She also got served a legal notice dated 25.06.2020 upon the OPs but to no effect.  It has further been averred that due to defective mattress, she developed pain in her lower back and an MRI scan was conducted to determine if she was suffering from lumbar spondylitis or sciatica. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.   
2.         Despite due service through registered post, the Opposite Parties failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 23.04.2021.
3.         The complainant led evidence in support of her case.     
4.         We have heard the Counsel for the complainant and have gone through the documents on record.
5.         In her exparte, the complainant has tendered her detailed affidavit reiterating the averments as made in the complaint along with the supporting documents. The complainant purchased the mattress for her comfort despite the fact that the cost of the mattress is significantly higher than other mattresses available in the local market. The defective mattress has also caused health problem to the complainant. The OPs have failed to redress the grievance of the complainant despite the fact that the defect in the mattress had surfaced within two years of its purchase.  To the chagrin of the complainant, the OPs have issued the voucher for abysmal amount of Rs.18,260/- instead of replacing the defective mattress with a defect free mattress.
6.         Pertinently all the averments made by the complainant in the complaint have gone un-rebutted and uncontroverted as the OPs have failed to contest the case despite due service. It is, thus, established beyond all reasonable doubt that the complaint of the Complainant is genuine.   
7.         In our considered view, the very purpose of purchasing the good quality mattress of the reputed company stands defeated, the moment when the mattress started giving the problem after few months its purchase which has caused not only inconvenience but it also leads to wastage of precious time of the complainant despite causing her physical harassment and mental agony. Thus, finding a definite deficiency in service on the part of the OPs, we have no other alternative, but to allow the present complaint.
8.         In view of the above discussion, the present complaint deserves to be allowed. The same is accordingly allowed. The OPs are directed as under :-

1. To refund Rs.33,200/- i.e. the price of the defective mattress to the complainant.
2. To pay an amount of Rs.2,100/- to the complainant as compensation for causing her mental & physical harassment for deficiency in service;
3. To pay Rs.5,100/- as litigation expenses.

                This order shall be complied with by the OPs within a period of 30 days from the date of receipt of certified copy of this order, failing which the Opposite Parties shall be liable to pay interest @ 9% p.a. on the awarded amounts as mentioned at Sr.No.(i) & (ii) from the date of the order till its realization besides litigation expenses.  The complainant shall return the voucher, if any, received from the OPs on receipt of the awarded amount from them.

9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 05/07/2021	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER