ASHA KIRAN GUPTA Vs. CITY CENTRE

JUDGEMENT

(1.) THIS is an appeal by the complainant under Section 15 of the Consumer Protection Act, 1986 against the order dated 19.1.2007 passed by the District Forum, Dehradun, dismissing the consumer complaint No. 28 of 2003. The complainant Smt. Asha Kiran Gupta had died during the pendency of the appeal and her legal heirs were substituted in the appeal.

(2.) IN brief the facts of the case are that on 17.12.1999, the complainant had purchased a washing machine from the opposite party - City Centre for sum of Rs. 9,300. Out of the total consideration amount of Rs. 9,300, Rs. 9,000 were paid by way of cheque and balance amount of Rs. 300 was paid in cash. The complainant was employed as a doctor in Nainbaag, Tehri Garhwal. The opposite party told the complainant that as she does not reside in Dehradun and, as such, as soon as her cheque is cleared, the washing machine would be delivered to her. When after 2 -3 months, the complainant did not receive the washing machine, she enquired from the opposite party and then the opposite party told that at present, they are not having the washing machine of the said model and the opposite party also told that as soon as the washing machine of the said model is received, the same will be delivered to the complainant. But the opposite party did not deliver any washing machine to the complainant and consequently alleging deficiency in service on the part of the opposite party, the complainant filed a consumer complaint before the District Forum.

(3.) THE opposite party filed written statement and pleaded that on 17.12.1999 after accepting the sale consideration amount, the washing machine was delivered to the complainant. It was also alleged that for a period of three years from the date of sale of the washing machine, the complainant neither write any letter to the opposite party, nor lodged any complaint with the opposite party, hence the consumer complaint is based on false facts and is liable to be dismissed.