E-Paper
Gurugram store fined for failing to install entertainment unit
After receiving the product at the premises of the complainant, the store was under obligation to install the product at the premises of the complainant and with regard to the installation, the complainant sent an email on April 29, stating that the product has been lying on the floor for the last three days and to install the unit.
The District Consumer Disputes Redressal Commission 1 has directed Gurugram-based EVOK store to refund ₹25,590 paid for purchasing an entertainment unit that it failed to install at the complainant’s house. They have also been directed to pay ₹5,000 compensation for causing mental agony to the complainant and ₹5,000 as litigation costs.
The complainant, Jaswinder Kaur Sangha, of Sector 8, through her attorney holder had approached the commission after she purchased Eldorado EngineeredWood Entertainment Unit Light Walnut on April 24 2021 for ₹25,590.
After receiving the product at the premises of the complainant, the store was under obligation to install the product at the premises of the complainant and with regard to the installation, the complainant sent an email on April 29, stating that the product has been lying on the floor for the last three days and to install the unit.
The complainant alleged that the product was still awaiting installation. After a gap of about two months, the complainant sent a legal notice to the store. While the notice was received by the opposite party (OP), the complainant alleged that they neither replied to the notice nor refunded the money.
While the notice of the complaint was sent to the OP, nobody appeared on their behalf and the matter proceeded ex-parte.
The commission observed that the OP had sought 48 working hours for installation to resolve the matter, but various follow ups did not resolve the issue. The commission further observed that the 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,” the commission further observed while adding that this proves deficiency in service on part of the OP.
The commission has given 30 days from the receipt of certified copy to the OP to comply with the order or they will have to pay 12% interest per annum till realisation. The complainant, however, will have to return the entertainment unit to the OP.
