DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SRI MUKTSAR SAHIB-152026 (PUNJAB).

C. C. No.116 of 2016

Instituted On:12.08.2016

Decided On: 01.11.2016

Rupinder Singh Bhullar son of Sukhwant Singh Bhullar R/o Malout District Sir Muktsar Sahib.

.......... Complainant

Versus

Bansal Light House, near Gol-diggi, Gandhi Market, Bathinda-152101.

.......... Opposite Party.

Complaint under Section 12 of the Consumer Protection Act 1986 as amended up to date.

Quorum: Sh. Karnail Singh Ahhi, President.

Smt. Meenakshi, Member.

Smt. Mandeep Kaur, Member.

Present: Sh. SS Bhullar Advocate for complainant.

Opposite party exparte.

ORDER

KARNAIL SINGH AHHI, PRESIDENT

1. Complainant has filed the present complaint seeking directions to the opposite party to replace the chimney set or to return the amount of Rs.10,850/- alongwith interest at the rate of 2% per annum from the date of purchase of chimney; to pay compensation of Rs.20,000/- as physical and mental harassment to the complainant.

2. Brief facts made out from the complaint are that complainant Rupinder Singh Bhullar bought kitchen exit chimney from the shop of the opposite party on 2.8.2015 and the opposite party issued a bill No.1292 dated 2.8.2015 to the complainant. The opposite party, at the time of selling of the said chimney to the complainant, give assurance that this chimney is of best quality and the opposite party also gave warranty of 10 years of that chimney set. The opposite party also told to the complainant while selling chimney that other company gave two years warranty of chimney set but the chimney purchased by the complainant is of 10 years warranty. After one month of the purchase, the chimney does not work properly as motor of the chimney does not work properly in chimney, it fails to exhaust the smoke outside from the kitchen and the complainant called the opposite party and opposite party replied to the complainant that the chimney purchased by complainant is of best quality and also having 10 years warranty, when the complainant will visit on shop, opposite party will bound to change it, till then complainant should use the same. Thereafter, the complainant did not get chance to visit Bathinda as man railway over bridge, GT Road on Malout to Bathinda Road was under construction and thereafter the complainant also requested to the opposite party to sent his mechanic and replace the complainant chimney, but the opposite party failed to do so. On 28.6.2016 the wife of the complainant was working in kitchen and suddenly chimney stop working and caught fire and caused several loss in kitchen and material lying therein and life of wife of the complainant saved by running out of the kitchen by putting off the gas cylinder otherwise she may not be alive and the complainant report this matter to the opposite party. Thereafter, no one from the shop of opposite party visited the house of the complainant to replace the said kitchen chimney set and put off the matter on the one pretext or the other and ultimately refused to do so. Hence, pleading deficiency in service on the part of opposite party, complainant has filed the present complaint seeking relief mentioned above.

3. Despite notice, opposite parties did not appear to contest the complaint and consequently, were proceeded ex-parte vide order dated 30.9.2016.

4. Complainant was granted sufficient opportunities to produce evidence in order to prove his case.

5. Complainant tendered into evidence his affidavit Ex.C-1, legal notice Ex.C2, postal receipt of legal notice Ex.C3, bill dated Ex.C4 and closed his exparte evidence.

6. We have heard learned counsel for the complainant and have also gone through the file.

7. Counsel for complainant argued that Rupinder Singh Bhullar purchased one chimney set of Rs.10,850/- from OP on 02.08.2015 vide receipt No.12`92. Since the date of purchase, the chimney started creating trouble as chimney does not work properly and it fails to exhaust the smoke outside from the kitchen. Complainant brought into the notice of OP vide phone No.98722-35991 and thereafter on 28.6.2016 when wife of the complainant was working in the kitchen, suddenly chimney stop working and caught fire. The fire caused loss in the kitchen and wife of the complainant saved the life by running from the kitchen. On filing the complaint, notice was issued to the OP and despite notice, OP did not appear. Even before filing the complaint, one notice Ex.C2 was also issued to the OP but OP not bothered. Lastly, by referring the evidence prayer to allow the complaint with cost either to replace the chimney or to refund the amount (sale price).

8. Brief facts and evidence adduced by the complainant has already incorporated in earlier part of the order. At this stage, there is no need to repeat. More so, complainant purchased the chimney on 2.8.2015 for a sum of Rs.10,850/- and in evidence complainant placed on file the original bill Ex.C4. So from the said documents, it stand established that complainant purchased one chimney for kitchen from the OP.

9. Coming to the reliefs sought, it is claim of the complainant that OP be directed either to replace the chimney or to pay the price. In support of this contention, complainant tendered his own affidavit Ex.C1 then notice Ex.C2. Complaint, notice and affidavit speaks qua the claim put forth by the complainant. On filing complaint, notice was issued through post and when despite notice OP not appeare then proceeded exparte. In exparte evidence, complainant placed on file affidavit, receipt etc. So to prove the complaint, the evidence of complainant is unrebutted. Nothing suggests to decline the request of complainant when OP not opposed.

10. In the light of above discussion, complaint allowed exparte with the direction to the OP to replace the chimney within 30 days from the date of receipt of order. In case fail to replace then to refund Rs.10,850/- alongwith interest @ 7.5% from the date of purchase with cost Rs.5000/-. Copy of order be issued to the parties free of costs as per law. File be consigned to record room.

Dated: 01.11.2016.

(Karnail Singh Ahhi)

President

(Meenakshi)

Member

(Mandeep Kaur)

Member