CC No.1910.2015

Filed on.25.11.2015

Disposed on.29.08.2017

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 29^th DAY OF AUGUST 2017

CONSUMER COMPLAINT NO.1910/2015

PRESENT:

Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

        PRESIDENT

              Smt.L.MAMATHA, B.A., (Law), LL.B.

                     MEMBER

                                            V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1. This Complaint was filed by the Complainants on 25.11.2015 U/s 12 of the Consumer Protection Act, 1986 and praying to pay Stove amount of Rs.20,250/-, to pay compensation of Rs.10,00,000/-, to pay other expenses Rs.10,000/- and to pay cost of the complaint Rs.20,000/-  and other reliefs. 

2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainant alleges that the Complainant has purchased the built in gas hobs Four Burner Stove of Faber Model EI-Crystal 75 RP (106.0305.309) H1309384713 HGG 754 CRR BR 1 from Sai Kitchen World, i.e., Opposite Party No.2 on 13.11.2013 with 12 months warranty.  The Opposite Party No.1 is the Manufacturer and the Opposite Party No.2 is the Dealer.  After the purchase of the above Built in gas hobs 4 burner stove, it was installed in her home.   After going through operating instructions and installation manual book, the Complainant started operating the Built in gas hobs 4 burner stove, the flame in the 1^st and 3^rd burner of the stove was functioning normally, however after few minutes, the flame would turn off automatically and the gas would flow out of the burner.  The Complainant was very much shocked and immediately, the Complainant turned off the gas hobs.  Once again, when the Complainant turned on the burner, the stove would continue to burn for some time and once again without turning off the burner the flame in the 1^st and 3^rd burner automatically would turn off and the gas would flow until someone turn off the stove.  Noticing this, the Complainant was very much shocked.  If the Complainant continue to use this stove it would put herself and her family members in dangerous situation and there was an every chance of getting her house burnt due to leakage of gas and this would cause loss to both life and property.  After sensing the danger immediately Complainant informed the dealer about the malfunctioning of the Built in gas hobs 4 burner stove which would cause loss to life and property.  The dealer, instead of repairing or replacing the stove, has only advised the Complainant to inform this to the company and he did not made any efforts to solve the problem and even after visiting his company and he did not made any efforts to solve the problem and even after visiting his office, he was least bothered to solve the problem. On 18.11.2013 Complainant informed about malfunctioning of burner to company through toll free No.18002093484 and they raised a complaint No.1311798262 one of the executive namely Mr.Abraham from the Company visited the Complainant home and told that he will inform about the malfunctioning to the higher authority and get it solved as early as possible but after that he didn’t turn back, once again the Complainant called toll free number and managed to contact one Mr.Ravi who is said to be Manager and told about the malfunctioning of stove, the said manager visited the Complainant home and told that this type of model stove has got some malfunctioning and there are many complaints about it and he promised the Complainant that he would replace with a new stove within 10 days, but he never turned back, once again Complainant filed a complaint and complaint no is 1312818988, but no representative attended the problem and whenever the Complainant tried to call them, they would say a new stove has to come from Chennai and they are expecting it by one week.  One Mr.Suresh told the same old story but no representative from the company bothered about this problem.  Once again on 10.12.2013 and 30.01.2014 the Complainant filed complaint and the complaint number is 1312821338 and 1312815587.  The Company people stopped attending complainant call and till today and problem has not been solved and no replacement of stove has been made till this date.  Now the 2^nd burner is also not working properly.  On September 6^th 2014, the Complainant made a complaint regarding this to the Company e-mail, on his complaint the Company people have replied to his complaint through e-mail dt.September 9^th 2014 stating that we have taken up the matter with her concerned authorities in service centre, to understand the exact concerns and give the resolve for the same on priority.  After which one person from the Company had called the Complainant and promised that he would replace with a new Built in gas hobs 4 burner stove, but he also did not turn up and whenever Complainant called him the forwards Complainant calls or ignores Complainant calls.  The stove is not working properly as assured by the Dealer and Manufacturer and the Dealer by taking amount of Rs.20,250/- has supplied a fraudulent product which is not working as promised by the Dealer and Company and the stove found to be defective.  The Complainant has intimated the Company by sending e-mail regarding the non-functioning of the stove and the Complainant has also requested the dealer complaining about the nonfunctioning of the stove by visiting the dealers shop personally.  Inspite of repeatedly requesting the Company and the dealer to replace the stove, the dealer and the company did not bother to solve the problem, as such there is also deficiency of service by the Opposite Party No.1 & 2.   On 23.08.2014 around 12.30 pm, she was preparing lunch, she had kept rice in a vessel on the stove for cooking and went to bring towel from upper room where towels and bed sheets are kept, when she was in upper room, she sensed gas smell, which had spread from kitchen, hall, bed room and to upper room.  She sensed the danger, if the gas hob was not turned off, the gas would spread to whole house and may even the house may get burned due to spreading of gas causing damage to her life, grand children’s and daughter in law’s life and damage to the property.  She immediately ran to turn off the stove in order to prevent any further damage that may cause to the life and property.  The Complainant bravely without caring for her life and safety ran towards the kitchen, as she was entering the kitchen fastly, she slipped and fell down and sustained grievous injury, due to this incident she had got injured to her back bone and was not able to get up, then she shouted for help to her grandchildren and to her daughter in law to run out of the house as the whole house was filled with LPG gas and at any time it would catch fire and cause damage to their life’s.  She told her daughter in law that she has fallen and had injured her back and told her to first send children out of home and then to turn off the stove.  Immediately, the Complainant’s daughter in law first sent out all small kids form house and turned off the stove.  Immediately on request Doctor visited the Complainant’s home and treated her and reported that her back bone was injured and advised for long bed rest.  Due to this incident she has to suffer unbearable pain and had to hire a cook for her house.  This incident has caused the Complainant to suffer from back bone problem permanently.  Hence, this complaint. 

3. In response to the notice, the Opposite Parties put their appearance personally and filed their common version, in the version pleaded that about the purchase of and Built-in Gas Hob HGG 754 CRR BR EI from the Opposite Party No.2 and installation done by Authorized Service Franchise of Opposite Party No.1 needs to be verified.  The Opposite Party No.1 does not agree with the allegations made by the Complainant and needs to be verified.  The first complaint about Built-in Gas Hob not working was received from the Complainant on 18.11.2013 about burner’s complaint. That the complaint was duly attended by Authorized Service Franchise of Opposite Party No.2 on 18.11.2013 and rectified the complaint immediately by adjusting flame and the burners properly.  That even after resolving the complaint, the Complainant kept complaining about flame issues.  That when the Complainant has approached for the same, both the Opposite Party No.1 have offered the replacement of Built-in Gas Hob with another model as a special case and goodwill gesture.   And updated the Complainant to visit to Opposite Party No.2’s Showroom and exchange with another model as per their requirement or can take back the refund of the Built-in Gas Hob.    That the Opposite Party No.1 even had contacted the Complainant several times to come with new Built-in Gas Hob, however the Complainant kept on postponing the visit.  That later-on, Mr.A.Roch Amalraj from Authorized Service Franchise of Opposite Party No.1 along with Service Executive Mr.Krishnan of Opposite Party No.1 had also visited the Complainant’s place with the replacement Hob.  However, the Complainant still did not accept the replacement Hob stating that her son would visit the Opposite Party No.2’s Showroom and take replacement.  That the Opposite Parties did not receive any communication from Complainant until the email on 06.09.2014 again the Opposite Parties had contacted the Complainant several times for the replacement/refund of Hob.  However, the Complainant kept on postponing the visit. The allegations made by the Complainant are incorrect and baseless and thus the prayer made by the Opposite Parties, to accept the replacement or refund of Hob.   Hence prays to dismiss the complaint. 

4. The Complainant, Smt.G.Sharada filed her affidavit by way of evidence and closed her side.  On behalf of the Opposite Parties, the affidavit of one Sri.A.Roch Amalraj has been filed.   Heard the arguments of both parties.

5.      The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Parties ?
2. If so, to what relief the Complainant is entitled?

6.     Our findings on the above points are:-

                POINT (1):-  Affirmative

POINT (2):-  As per the final Order

REASONS

7. POINT NO.1:- As looking into the allegations made in the complaint and also version of the Opposite Parties, it is not in dispute that the Complainant has purchased the built in gas hobs Four Burner Stove of Faber Model EI-Crystal 75 RP (106.0305.309) H1309384713 HGG 754 CRR BR 1 from Sai Kitchen World, i.e., Opposite Party No.2 on 13.11.2013 with 12 months warranty.  Further to substantiate this, the Complainant in her sworn testimony, she has reiterated the same and produced the Tax Invoice.  By looking into this Tax Invoice bearing No.2799 dt.13.11.2013, it clearly goes to show that the Complainant has purchased Hobs for a sum of Rs.20,250/- from the 2^nd Opposite Party and also produced the warranty card, it clearly reveals that the said gas burner at 12 months guarantee from the date of purchase i.e., 13.11.2013.  This evidence of the Complainant has not been challenged by the Opposite Parties.  To disbelieve the contention of the Complainant, thereby it is proper to accept the contention of the Complainant that the Complainant has purchased built in gas hobs Four Burner Stove of Faber Model EI-Crystal 75 RP (106.0305.309) H1309384713 HGG 754 CRR BR 1 from Opposite Party No.2 on 13.11.2013 for a sum of Rs.20,250/- the said gas burner at 12 months guarantee. 

8. It is further allegation of the Complainant, after the purchase of the above Built in gas hobs 4 burner stove, it was installed in her home.   After going through operating instructions and installation manual book, the Complainant started operating the Built in gas hobs 4 burner stove, the flame in the 1^st and 3^rd burner of the stove was functioning normally, however after few minutes, the flame would turn off automatically and the gas would flow out of the burner.  The Complainant immediately turned off the gas hobs.  Once again, when the Complainant turned on the burner, the stove would continue to burn for some time and once again without turning off the burner the flame in the 1^st and 3^rd burner automatically would turn off and the gas would flow until someone turn off the stove.  Noticing this, the Complainant was very much shocked.  After sensing the danger immediately Complainant informed the dealer about the malfunctioning of the Built in gas hobs 4 burner stove which would cause loss to life and property.  The dealer, instead of repairing or replacing the stove, has only advised the Complainant to inform this to the company and he did not made any efforts to solve the problem and even after visiting his office on 18.11.2013 the Complainant informed about malfunctioning of burner to company through toll free No.18002093484 and they raised a complaint No.1311798262 one of the executive namely Mr.Abraham from the Company visited the Complainant home and told that he will inform about the malfunctioning to the higher authority and get it solved as early as possible but after that he didn’t turn back, once again the Complainant called toll free number and managed to contact one Mr.Ravi who is said to be Manager and told about the malfunctioning of stove, the said manager visited the Complainant home and told that this type of model stove has got some malfunctioning and there are many complaints about it and he promised the Complainant that he would replace with a new stove within 10 days, but he never turned back.  To substantiate this, the Complainant in her sworn testimony, she has reiterated the same and produced Manual Book and instructions for Installation.  This clearly goes to show that the stove which was purchased by the Complainant was installed at her Home and also produced the e-mail dt.06.09.2014.  On 06.09.2014 the Complainant send mail to the Opposite Party No.1 informing about malfunctioning for the delay in replying the mail and assured to take required action at the earliest.  But Opposite Parties fails to rectify the defect in the burner stove purchased by the Complainant.  For that reason, the Complainant issued Notice to Opposite Party No.1 on 25.09.2014.  Inspite of issuing notice, the Opposite Party No.1 & 2 fails to rectify the defect of the gas burner purchased by the Complainant.  This evidence of the Complainant has not been challenged by the Opposite Parties. 

9. On the other hand, in their version they have not denied this fact also but their defence is that they received the complaint from the Complainant about malfunctioning of the gas burner on 18.11.2013.  The said complaint was dully attended by the Opposite Party No.2 on 18.11.2013 and rectified the complaint immediately by adjusting flame and the burners properly.  To substantiate this, except the interested version of Sri.A.Roch Amalraj, Service Authorized Signatory of the Opposite Party No.1 & 2 have not placed any supporting evidence, therefore it is not proper to accept the defence taken by the Opposite Party No.1 & 2 and further it is the defence of the Opposite Parties is that even after resolving the complaint, the Complainant kept complaining about flame issues.  When the Complainant has approached for the same, the Opposite Party No.1 have offered the replacement of Built in Gas Hob with another model as a special case and good will gesture.  And updated the Complainant to visit to Opposite Party No.2’s Showroom and exchange with another model as per their requirement or can take back the refund of the Built-in Gas Hob.  Even to substantiate this also except the interested version of Sri.A.Roch Amalraj, there is no evidence placed by the Opposite Party No.1 & 2, thereby it is not proper to accept the contention taken by the Opposite Parties.  On the other hand, as seen from the evidence placed by the Complainant and also the defence taken by the Opposite Parties, it is crystal clear that the Gas Burner purchased by the Complainant is of defective one and malfunctioning.  Inspite of request and demand made by the Complainant to rectify the defect, the Opposite Party No.1 & 2 fails to get it resolve the issue, thereby it amounts to deficiency of service on the part of the Opposite Parties No.1 & 2.  Hence, this point is held in the Affirmative.

10. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The Complaint is allowed holding that there is deficiency of service by the Opposite Party No.1 & 2.

The Complainant directed to return the defective gas burner with Opposite Party No.1 within 30 days from the receipt of the defective gas burner.

The Opposite Party No.1 & 2 are directed to refund a sum of Rs.20,250/- the cost of the gas burner.

The Opposite Party No.1 & 2 are directed to pay a sum of Rs.10,000/- as compensation.

The Opposite Party No.1 & 2 are liable to pay a sum of Rs.2,000/- as cost.

Failing which, the aforesaid amount will carry interest at 18% p.a. from the date of order, till the date of payment.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 29^th day of August 2017)

                MEMBER                                            PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Smt.G.Sharada, who being Complainant has filed her affidavit.

 List of documents filed by the Complainant:

1. Copy of the Bill
2. Copy of the Warranty Card
3. Copy of the Manual Book
4. Copy of the Mail
5. Copy of the Complaint
6. Copy of the Postal Receipt
7. Copy of the Article Delivered Track Report
8. Copy of the Article undelivered Track Report
9. Copy of the RPAD returned cover withy acknowledgement.

Witness examined on behalf of the Opposite Parties:

1. Sri.A.Roch Amalraj, Service Authorized Signatory of Opposite Parties by way of affidavit.

List of documents filed by the Opposite Party:

-NIL-

MEMBER                                                                             PRESIDENT