(a) I purchased a double bed Spring-Air “Orthopedic, Back Supporter, Comfort Rest Mattress” from Spring Air’s retail outlet at MG Road, Gurgaon on 06-02-2010. I paid Rs.18,599 for the same. This mattress has a 10-year warranty. I have necessary warranty papers with us. (b) The mattress was sold to me with the explicit understanding that it is a globally tested brand with a 10-year warranty and was especially designed as an orthopedic mattress that is best for the spine and back. But by 2012, the mattress had developed several “lumps” and an uneven surface that began causing my wife and I a very severe and constant back pain. After a few weeks, my wife developed even more severe lower back pain and was forced to undergo daily physiotherapy for her back. (c) I have been speaking to Mr. Ashwani Vohra (mobile number 9711144432), the Chief Operating Officer of Spring Air Mattresses in India and his General Manager Marketing, Rupesh Srivastava (mobile number 9871514543) since March 2013. Despite several calls and emails over the last 5-6 months, they have refused to resolve my compliant despite the 10-year warranty. They say that their company cannot replace the mattress nor refund my money. (d) Meanwhile, upon advise from an orthopedic specialist, my wife and I have stopped using the Spring Air mattress and have began sleeping on the floor. But the condition of my wife’s back and spine has only deteriorated further and she has developed severe cervical spondylitis which now needs daily physiotherapy. (e) I again spoke to the COO Ashwani Vohra and GM Rupesh Srivastava about the inadequate response by Spring Air and the consequent severe hardship this was causing in the form of daily hospital visits, huge physiotherapy expenses and great mental and physical trauma. The COO’s response was that he was on a vacation and was not free to discuss this problem. (f) I last spoke to Ashwani Vohra and Rupesh Srivastav on June 29, 2013 and told them that we cannot wait any more. Spring Air must either replace the mattress or refund our money as we intend to not use the present mattress, and buy a new one. Both of them said they will not change the mattress as Spring Air does not have a refund or replacement policy for their mattresses despite the 10 year warranty and even if there is a manufacturing defect. (g) As a result of a mattresses that is being retailed in the garb of an orthopedically safe mattress that has a unique back supporting quality, Spring Air has caused my wife (47) and me (49) a chronic spinal problem at a relatively young age. We have already spent around Rs.40,000 in the form of doctor’s fees, tests and physiotherapy sessions for my wife. (h) As a result also, my wife is unable to do her usual household chores including looking after her elderly father (83) who lives with us. This is causing her and our entire family significant mental trauma. (i) As we could not wait for Spring Air to resolve the problem and no

Now that we have already spent 29,000 to purchase another mattress, we humbly request the Consumer court to order Spring Air to: (a) immediately have their mattress collected from our residence, (b) refund the full value of their mattress (Rs.18,599) with interest to us, (c) pay us damages towards the cost of medical treatment (Rs.40,000), (d) pay us additional damages of Rs.250,000 (or any amount that may be decided by the Consumer Court) to partly compensate for the extended physical and mental trauma that they have caused us.

Complainant Information
name- Gautam Bhardwaj