Chandigarh

DF-I

CC/620/2019

S.Bahadur singh - Complainant(s)

Versus

Symphony limited - Opp.Party(s)

In Person

31 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/620/2019
Date of Institution	:	20/06/2019
Date of Decision	:	31/10/2019

 

 

S. Bahadur Singh, R/o H.No.49, Model Town, Ward No.6, Kurali, District Mohali – 140104 (Punjab).

…..Complainant

 

V E R S U S

 

Symphony Limited, Symphony House, FP12-TP50, Bodakdev, Off SG Highway, Ahmedabad -380054 (India), through Adarsh Electrical (2017-2018), Plot No.533, Industrial Area Ph-2, Chandigarh, through Dealer.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

 

ARGUED BY	:	Ms. Inderpreet Kaur Matharu, Authorized Agent of Complainant.
	:	Opposite Party ex-parte.

 

Per Dr. S.K. Sardana, Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant had purchased one Symphony Cooler Diet 35T from Adarsh Electricals Chandigarh for a consideration of Rs.8,000/- including 18% GST vide invoice dated 09.05.2018 (Annexure A). It is the case of the Complainant that there was some problem in the pump of the aforesaid Cooler and as such, he lodged a complaint with the Service Centre on 18.03.2019, pursuant to which the pump was replaced by the Technician. However, after few days again the said pump stop working and a complaint was lodged. The said complaint was attended on 03.05.2019 and the Technician of the Opposite Party fixed the pump. It has been alleged that again after two days the Cooler stopped working as its motor got damaged due to pouring of water on it due to carelessness of the Technician during fixation of the pump. On 08.05.2019 after lots of efforts, the Complainant contacted the Service Centre to lodge his complaint, but was told that the Cooler was out of warranty and they would charge for replacement of new motor. Eventually, on 23.05.2019 the Complainant served a notice upon the Opposite Party, but the same was never replied to. With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case. However, despite service, nobody has appeared on behalf of Opposite Party, therefore, it was proceeded against ex-parte.
3.         Complainant led evidence.
4.         We have gone through the entire record and heard the arguments addressed by the Authorized Agent of the Complainant.
5.         Significantly, the Opposite Party did not appear to contest the claim of the Complainant and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it. The non-appearance of the Opposite Party 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.
6.         In the present circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine as he has been made to run from pillar to post for no fault on his part. The harassment suffered by the Complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have initiate steps to redress the grievance of the Complainant promptly, which they failed to do. At any rate, the Opposite Party even did not bother to redress the grievance of the Complainant, despite having approached for the same by the Complainant time & again. 
7.         It is important to note that due to the irresponsible attitude of the Opposite Party, the Complainant has certainly suffered a lot. We feel that it was the duty of the Opposite Party to satisfy the Complainant by getting his Cooler repaired/replaced with a new one, promptly, but it has miserably failed to do and rather propelled this unwarranted, uncalled for litigation upon the Complainant. Therefore, the act of the Opposite Party in not repairing/replacing the defective Cooler, especially when it is within the warranty period proves deficiency in service on its part, which certainly has caused immense, mental and physical harassment to the complainant.
8.         In our opinion, the Complainant had spent an amount of Rs.8,000/- to purchase the Cooler in question having faith in the brand to facilitate himself and not for moving the Service Centre and then to this Forum for justice in the absence of proper service provided by the Opposite Party.       
9.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed qua it. The Opposite Party is directed:-

[a]    To refund Rs.8,000/- being the invoice price of the Cooler to the Complainant;

 [b]   To pay Rs.5,000/- as compensation to the complainant for deficiency in service, unfair trade practice and harassment caused to him.

[c]    To also pay a sum of Rs.3,000/- to the complainant as litigation expenses. 

 

10.         The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, Opposite Party shall be liable for an interest @9% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till these are paid, apart from compliance of the directions as in sub-para [c].
11.         The Complainant shall return the Cooler in question to the Opposite Party after the compliance of the order.
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-	Sd/-
31/10/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”