Defective item not replaced; firm fined 2,000 in Punjab

LUDHIANA: District Consumer Disputes Redressal Commission has ordered M/s Khurana's Venture, Royal Rays Electronics, Punjab Mata Nagar, to pay Rs 2,000 to a customer for not replacing a defective heat converter. It also ordered the firm to replace the defective device with a new one of the same quality, apart from paying the fine to the complainant Malkait Singh of SBS Nagar.
In his complaint, the customer said he had purchased a Usha heat converter from the firm on January 9, 2019. Since the product was defective, he asked the seller to replace it over a call on January 20. However, the firm refused to replace it and offered to repair it instead.
Then on January 22, a repairman visited his house and told him that the fan was defective and would be replaced the next day. When no one visited his house, he again called the firm and later also visited the showroom, but to no use. He then filed a complaint with the commission.
Upon notice, the firm did not appear in the commission and the hearing proceeded ex parte.
After hearing the arguments and going through documents, the commission held that the complainant, an old aged person, was deprived of the comforts of the heat converter during peak winter, and there was deficiency in service on part of the firm. It cited Section 2 (47) of Consumer Protection Act, which defines the instances with regard to unfair trade practice.
"In view of the circumstances, it would be appropriate if the opposite party is directed to replace the Usha heat converter with some other heat converter of the same quality... and to pay a composite cost of Rs 2,000," the commission remarked. It also asked the firm to replace the device within 15 days.