Delhi

West Delhi

CC/17/282

S.K GUPTA - Complainant(s)

Versus

VIJAY SALES - Opp.Party(s)

29 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

 

CASE NO.  282/2017

SH. S. K. GUPTA

ADD- H 4B, GULMOHAR APPTTS.,

D-BLOCK, VIKAS PURI,

NEW DELHI-110018.

                                                                                                            …..Complainant

VERSUS

M/S. VIJAY SALES

B-1, NEAR AMAR LEELA HOSPITAL,

JANAKPURI, NEW DELHI-110058.…..Opposite Party-1

 

M/S. JEEVES CONSUMER SERVICES PVT. LTD.

5/30, WEST PATEL NAGAR,

NEW DELHI-110008.….. Opposite Party-2

 

O R D E R

 

PUNEET LAMBA, MEMBER

The complainant has filed a present complaint under section 12 of the Consumer Protection Act, 1986. Briefly the facts for disposal of the complaint are that the complainant had purchased an Air Conditioner of model & make Sharp with five years of warranty from OP-1 on 11.05.2015 for a sum of Rs. 17,000/-. It is alleged that in the year 2017 the aforesaid Air Conditioner developed issue regarding cooling and despite request no service was provided by OPs and also no service request entertained by OP-1 & sharp company. After that complainant approached OP-1 on 21.04.2017, who lodged a complaint vide Id No. 2427406 with OP-2. Further, it is alleged that the complainant sent mails to the customer care of company on 03.05.2017 as well as approached OP-2, thereafter, Mr. Pandey, engineer of OP-2 visited and told the complainant estimated charges for repair approximately between Rs. 4,000/- to Rs. 11,000/-. It is averred that on 05.05.02017 OP-2 closed the complaint without resolving it. Hence, the present complaint for refund the amount of the aforesaid product or repair the same.

 

After notice, none put in appearance on behalf of OP-1 & OP-2 and accordingly they were proceeded ex-parte vide order 28.05.2018.

 

When the complainant was asked to lead the ex-parte evidence, the complainant had filed an affidavit of evidence on oath and relied upon a copy of invoice dated 11.05.2015.

 

We have heard complainant in person and gone through the material on record carefully and thoroughly.

 

From the perusal of the Invoice, it reveals that the complainant had purchased an air conditioner from OP-1 on 11.05.2015 with five years of comprehensive warranty and despite complaint the product in dispute was not rectified  We have no hesitation to believe the version of the complainant which remained unchallenged and unrebutted. Moreover, despite notice OP chose not to appear and defend it case. Hence, OPs are deficient in providing services.

 

Keeping in view of above discussion and observations, we direct OP-1 to pay a sum of Rs. 10,000/- depreciated cost of air conditioner and subject to the return of the product in question to   OP-1 and we also award a sum of Rs. 5,000/- for compensation towards mental and physical harassment and litigation expenses within 45 days from the receipt of the order. In case of default of payment in time OPs shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization.

File be consigned to Record Room.

          Copy of Order be given as per rules.

          Pronounced this _______29TH____May, 2019.

 

 

(PUNEET LAMBA)                                                                          (K.S. MOHI)

     MEMBER                                                                                   PRESIDENT