The present complaint is filed by complainant Santosh Kaur wherein alleged that she purchased a Gas Burner (Chula) from the opposite party for Rs.5400/- on 11.9.2017 but after some time of its purchase it started giving problem and it stopped automatically while burning and the same defect was reported to opposite party and he after repeated requests visited the house of complainant and checked the Gas Burner and assured the complainant that there is nothing to be worried about on the assurance given by the opposite party, the complainant got satisfied and kept waiting that the burner will be OK. Unfortunately, one day an explosion took place in the Gas burner when only the son of complainant was at home. The complainant reported this incident to the opposite party who rebuked the complainant and her daughter with rough and filthy language and challenged openly that nothing could be done against him, which has caused mental and physical harassment to complainant and she is forced to file the present complaint and has prayed for the exchange of gas burner with a new one or refund the price of gas burner alongwith compensation of Rs.10,000/- for harassment and litigation expenses of Rs.10,000/-, in the interest of justice.

2.           Notice of the complaint was issued to the opposite party and accordingly opposite party appeared through counsel and contested the complaint by filing written reply whereby took preliminary objections that complainant has not come to the Forum with clean hands rather she has concocted a false story and she has intentionally not disclosed the real price of the gas burner because it is almost half of the price that the complainant has alleged in her complaint, Ex.OP2 is produced on the file to prove the real price on which it was sold to the complainant. The real price of the Gas Burner is Rs.2950/- including GST, which the opposite party has bought from the dealer and the bill regarding it is enclosed as Ex.C3 and C4 is another bill which was issued to some other customer on 11.11.2018 and the amount mentioned in it is Rs.3250/-. The opposite party has also placed an affidavit to prove this fact, on the file. The real matter is that when the opposite party visited the house of complainant for checking the gas burner as she has made complaint. The gas pipe of the complainant was very old and not clean. He asked her to remove this damaged pipe as she has ignored this fact completely. The complainant has not produced any documentary evidence to prove her version. She has not even supplied the defective or damaged Gas Burner to opposite party and only oral allegations cannot make her entitled for the claim. All other allegations were denied with a prayer to dismiss the complaint with costs.

3.          We have gone through the file and observed that complainant has not produced any copy of bill etc. to prove the price of the Gas Burner. She has placed on the file an affidavit Ex.C-1, a copy of warranty Card Ex.C-2 and a copy of adhar card Ex.C-3. Ex.C-2 which is the warranty card is not proved by putting some stamp or seal of the dealer or shopkeeper who issued this warranty card, neither the complainant produced any affidavit of any other person who can prove that this warranty card was issued before him. In the absence of proper evidence, this document cannot be relied upon. If for the sake of arguments we accept that warranty card was issued by the opposite party, even then complainant has not produced any evidence of the incident of explosion that took place at her home, showing the damaged or defective Gas Burner in the shape of some photographs etc.

4.             As per settled law, first of all it is the duty of complainant to prove the allegations made by her. After that it is the duty of the opposite party to rebut those allegations by producing evidence to that effect. In the present complaint, complainant has made oral allegations rather opposite party has produced documents which prove the real price of the Gas burner which he has produced as Ex.OP3 which is the original bill issued by the dealer from whom he purchased the said Gas Burner. Ex.OP4 is the bill issued by the opposite party himself to another customer for the Gas Burner of the same make and the price mentioned in the bill is Rs.3250/-. It clearly proves that there is a lot of difference in the amount as alleged by complainant and as sold by the opposite party. Moreover in the absence of any evidence regarding defect or damage of the Gas burner in dispute, the allegations of the complainant cannot be accepted. In this way, complainant has failed to prove her complaint, rather opposite party has succeeded in defending his case by producing proper documentary evidence.

5.        In view of above discussion, the present complaint is ordered to be dismissed with no order as to costs.

6.        Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. The complaint could not be decided within prescribed time due to rush of work.

ANNOUNCED:                  (Shri Raj Singh)                   (Rajita Sareen)

 March 18, 2019.                   Member                         Presiding Member

 MK