Chandigarh

DF-I

CC/852/2021

Rakesh Walia - Complainant(s)

Versus

Tata Cliq, Tata Unistore Limited - Opp.Party(s)

Sherry K. Singla

17 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/852/2021
Date of Institution	:	21/10/2021
Date of Decision	:	17/01/2023

 

Rakesh Walia aged about 48 years son of Late Radhey Shyam C/o SCO No.54, Sector 26, Madhya Marg, Chandigarh, (Email ID: rakeshwalia07@gmail.com).

… Complainant

V E R S U S

1. Tata Cliq, Tata Unistore Limited Address:- F-5, Shree Rajlaxmi Logistics Park, Near Vadape Police Chowki, Bhiwandi Nasik by pass road, Village Vadape, Bhiwandi, Maharashtra, India.
2. Event World, 22A Ground Floor, Tower B-2, Spaze I-Tech Park, Sector 49, Sohna Road, Gurugram (Haryana), (Authorized Dealer/Distributor of Blaupunkt).

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Ishmeet Singh, Vice Counsel for Sh.Sherry K. Singla, Counsel for Complainant.
	:	OPs ex-parte.

 

Per Surjeet kaur, Member

1.      Averments are that the complainant had purchased a Audio and Home Theatre System of Blaupunkt PS600T Double Deejay Party Speaker Black from OP No.1 on 29.01.2021 for a sum of Rs.24,990/-. The product was delivered to the complainant through the Blue Dart Carrier on 04.02.2021 (Annexure A-1). As per complainant, on 05.02.2021 telephone complaint was made to the OP No.1 for the return of the speaker and a day after an email was sent to the complainant by the OP No.1 on 06.02.2021 stating that therein a logistics person will visit in 3 days and repair will be done, if product was still faulty after repairs share the images of the job sheet and images of the entire product with front back side of the brand box (Annexure A-2). On 07.07.2021 an email was sent by the electronic return team of Tata Cliq stating that return request had been rejected (Annexure A-4). On 05.08.2021 an email was sent by the complainant that replacement to speaker was received but it was still faulty. The product was repaired but forgot to close its body which made cracking sound and request was made to initiate the refund proceedings (Annexure A-5). The cause of action arose on 29.01.2021 when the complainant purchased Speaker from OP No.1 by paying Rs.24,990/- and again on 15.09.2021, when the claim of the complainant for the refund has been rejected by the OPs. Hence, this present complaint.
2.     Notice of the complaint was sent to OP No.1 seeking its version of the case. However, nobody appeared on behalf of OP No.1 despite following proper procedure, therefore it was proceeded ex-parte on 11.11.2022.
3.     Notice of the complaint was sent to OP No.2 seeking its version of the case. However, nobody appeared on behalf of OP No.2 despite following proper procedure, therefore it was proceeded ex-parte on 07.07.2022.
4.     Complainant led evidence by way of affidavits and documents.
5.     We have heard the vice counsel for the complainant and gone through the record of the case.
6.     It is evident from Annexure C-1, that the complainant purchased one Audio and Home Theatre System of Blaupunkt PS600T Double Deejay Party Speaker Black from OP No.1 on 29.01.2021 after spending an amount of Rs.24,990/-. The sole grouse of the complainant in the present case is that when the aforesaid product did not work properly and the matter was reported to OP No.1 on 06.02.2021 (Annexure C-2) within few days of the purchase of the product. It has also been contented by the complainant that even the replaced product was repaired one and not the brand new product as promised by the OPs. The fact has been disclosed in the email Annexure C-4 dated 05.08.2021 and complainant prayed for refund. But the request of the refund was not accepted by the OPs as per their policy which is highlighted in Annexure C-6 an email by OP No.2 dated 15.09.2021.
7.     Significantly, OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
8.     After going through the documents on record, it is abundantly clear that the product was purchased on 30.01.2021. After spending huge hard earned money worth Rs.24,990/- by the complainant. Perusal of various email communications Annexure C-2, Annexure C-3, Annexure C-4, Annexure C-5 and Annexure C-6 colly makes it abundantly clear that the complainant not only bought a faulty product in the name of a trusted brand to facilitate himself. But the aforesaid product hardly served the purpose rather became a source of mental and physical harassment for the complainant. Despite highlighting the matter of the faulty product the same was replaced that too not with brand new one, but with some repaired one. Hence, the act of OPs for selling substandard product, non-providing after sale services, non-appearing during the proceedings of the present case and forcing the complainant to indulge in this unnecessary litigation proves deficiency in service.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund amount of ₹24,990/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization. The complainant shall, however, return the product in question to the OPs.
2. to pay an amount of ₹5,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹5,000/- to the complainant as costs of litigation.

10.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they 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.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

17/01/2023			[Pawanjit Singh]
Ls			President
			[Surjeet Kaur]
			Member
			[Suresh Kumar Sardana]
			Member