This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant purchased a Kuchina Hob from the OP on full payment but since purchase the said Kuchina Hob model Marica 3G found not functioning properly and colour of the flame found reddish but as per brochure it shall be bluish.  Matter was reported to the OP.  OP Service Centre on some occasions visited the complainant’s residence but failed to rectify the problem of red flame and thereafter, complainant asked the OP for change of the same by placing a new one but that has not been done and practically by purchasing the same as per brochure the complainant has been deceived by the OP and OP men ultimately failed to rectify that and fact remains spending Rs.13,200/- for purchasing the same practically purpose of the complainant has not been properly served.  In the circumstances, the matter was reported to Assistant Director, Consumer Affairs and Fair Business Practices, Government of West Bengal, Kolkata, East Sub-urban Regional Office.  OP appeared and agreed to settle the matter but that was not done and ultimately the complainant was compelled to file this complaint for relief. 

On the other hand, OP by filing written statement submitted that as and when complainant made any complaint regarding the said Kuchina Hob set the staff of the Service Care Centre of the OP attended and satisfied the grievances of the complainant and in all cases complainant received the said product in good condition.  But anyhow in all cases complainant put note that red flame yet not rectified for poor performance.  But in view of the fact that after examination of the said Kuchina Hob the technician of the OP checked and satisfied the complainant and, thereafter, complainant used it.  So, under any circumstances, complainant cannot get any benefit and for which the complaint should be dismissed.

Decision with Reasons

On an indepth study of the complaint and written version of the OP and also relying upon the purchase receipt of the purchase made by the complainant from OP it is found fact that complainant purchased Kuchina Hob model Marica 3G at a cost of Rs.13,200/- on 27-01-2012 and it is also fact that after purchase, on several occasions complainant lodged complaint to the OP for removing the emission of red flame in place of bluish flame when as per brochure in all respect the customer shall have to get bluish flame from Kuchina Hob at the time of use but in all cases it was not bluish and undisputed fact that OP Company and his technician visited the house of the complainant for rectification.  Other matters were rectified but till now, emission of red flame has not be corrected.

          At the time of advancement of argument OP submitted that the OP already stated that the OPs were willing to return the purchase amount of Rs.13,200/- subject to return of the said Kuchina Hob which is in the custody of the complainant but complainant did not agree and further Ld. Lawyer for the OP submitted that OP also told the complainant to get a new one by replacing the present disputed Kuchina Hob but OP did not do that.   But as per desire of the complainant to get the purchase money of Rs.13,200/- OP is willing to pay it and in lieu of that complainant shall have to deposit the Kuchina Hob set to the company.

          After applying our judicious mind and present dispute we have gathered that OP is disgusted and not in a position to attend complainant because as per their technical expert’s opinion - the Kuchina Hob has been working regularly free from troubles and in their opinion the Kuchina Hob does not suffer from any defect.  But it is also equally true that complainant is not satisfied at present about the emission of flame in reddish colour.  Practically there are certain factors for which the colour of emission of flame is changed and in this regard it is to be mentioned that LPG Gas is a factor but when complainant is not satisfied and OP is willing to return the purchase amount we find that it ought to have done long prior to filing of this case but that had not been done though OP appeared before the Assistant Director, CA&FBP and agreed to settle the matter but the matter was not settled.  On the contrary, the case is continued for another one year and practically the matter shall not be disposed of, if this Forum does not take a positive view about this dispute.  Accordingly, considering entire facts and circumstances and also considering the submission of the Ld. Lawyer for the OP we are convinced to hold that the complainant should be allowed with some compensation and as per desire of the complainant the OP should pay a sum of Rs.13,200/-, the price of Kuchina Hob set to the complainant and also some compensation of Rs.3,000/- and cost of Rs.2,000/- i.e. total Rs.18,200/- to the complainant and in lieu of that complainant shall have to deliver the Kuchina Hob set to the OP at his shop.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.2,000/- against the OPs.

          OPs are directed to pay a sum of Rs.13,200/- (Rupees Thirteen thousand two hundred only) the price of the Kuchina Hob and further Rs.3,000/- (Rupees Three thousand only) as compensation and in total complainant shall have to pay a sum of Rs.18,200/-(Rs.12,200 + Rs.3,000/- as compensation + Rs.2,000/- as litigation cost as already awarded) within one month from the date of this order failing which for violation of the Forum’s order within stipulated period punitive damages @100/- shall be paid by the OP till full satisfaction of the decree.

          At the same time complainant shall deposit the said Kuchina Hob set to the OP’s shop-room on proper receipt and OP shall have to receive it after handing over the total amount as awarded to the complainant before this Forum.

          OPs are directed to comply this order failing which a penal action shall be started for which they should be paid further penalty of Rs.10,000/-.