Delhi

West Delhi

CC/14/768

Pram Parkash Berry - Complainant(s)

Versus

G.H. Appliances - Opp.Party(s)

22 Apr 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

                                                                                                             Date of institution:   20.11.2014

Complaint Case. No.768/14                                                      Date of order: 22.04.2017

IN  MATTER OF

ShriPremParkash Berry S/O Late Shri T. R. Berry, B-3/94Safdarjung Enclave, New Delhi                                                                                                                                                   Complainant

VERSUS

G.H. Appliances (India) through its ProprietorShriSumit, Shop no.8-1A/35, SanatanDharamMandir Market, Punjabi Bagh, New Delhi-110026                                                                                                                                                                                                                   Opposite party-1

M/S Glen Appliances Pvt. Ltd. through its managing Director, Customer Care I-34 DLF Industrial Area, Phase-1, Faridabad (Haryana)

Opposite Party-2

                                                                                                                                   

 

ORDER

R.S. BAGRI,PRESIDENT

               ShriPremParkash Berry herein the complainant has filed the present consumer complaint U/S 12 of the Consumer Protection Act against G.H. Appliances and another herein after referred as the opposite parties for directions to the opposite parties to refund Rs. 12,990/- cost of one Glen Chimney Hood GL 6071-1000 SS LTW-ID9133807 with interest @ 24% per annum and pay a sum of Rs.50,000/- for harassment,humiliation mental agony and pain etc and Rs.11.000/- as litigation expenses.

               Brief relevant facts for disposal of the present complaint as stated are that the complainant on 01.09.2013 purchased one Glen Chimney Hood GL 6071-1000 SS LTW-ID9133807 from opposite party no.1 manufactured by opposite party no.2 for sale consideration of Rs.12,990/- with lifetime warranty.On 11.08.2014 the Chimney Hood was burnt due to some inside technical fault. The complainant on the same day made complaint to the opposite parties. On 11.08.2014 and 12.08.2014 one person from the opposite parties visited house of the complainant. But neither the Chimney Hood was repaired nor replaced. Therefore, the complainant on telephone made several complaints to the opposite parties and also sent legal notice.But to no effect. Hence the present complaint for directions to the opposite parties to refund Rs.12,990/- cost of one Glen Chimney Hood GL 6071-1000 SS LTW-ID9133807 with interest @ 24% per annum and pay a sum of Rs.50,000/- for harassment, humiliation, mental agony and pain along with Rs.11.000/- as litigation expenses.

               After noticethe opposite parties appeared and filed reply admitting sale of the Chimney Hood to the complainant. But asserted that there was no warranty of the Chimney Hood and the Chimney Hood burnt due to negligence of the complainant. The opposite parties are not liable to pay any compensation and prayed for dismissal of the complaint.

               The complainant filed rejoinder to the reply of the opposite parties while controverting stand of the opposite parties and reiterated his stand as taken in the complaint and once again prayed for payment of cost of the Chimney Hood and compensation.

               When the complainant ShriPremParkash Berry was asked to lead evidence in support of his complaint, he filed affidavit narrating facts of the complaint. The complainant also relied upon invoice no.155 dated 10.02.2013, user guide of the Chimney Hood with warranty clause, photographs of the burnt Chimney Hood, legal notice dated 26.08.2014 and postal receipts.

               The opposite parties in support of their case tendered in evidence affidavit of ShriParveenBhardwaj, Area Manager. Who has narrated facts of the reply. The parties have also submitted written arguments in support of their respective version.

               We have heard the complainant in person and A/R for the opposite parties and have gone through the material on the record carefully and thoroughly.

               From the pleadings of the parties, affidavits and documents produced by the parties it is common case of the parties that the complainant on 01.09.2013 purchased one Chimney Hood from opposite party no.1 manufactured by  opposite party no.2 for sum of Rs.12,990/-. The Chimney Hood was installedat the house of the complainant. The Chimney Hood on 11.08.2014 was burnt while in operation. The case of the complainant is that Chimney Hood purchased by him with lifetime warranty. Whereas case of the opposite parties is that the Chimney Hood was purchased by the complainant without any warranty.

                          Therefore, the burden to prove that the Chimney Hood was within warranty on 11.08.2014, while burnt in operation. The complainant to prove that the Chimney Hood was burnt in warranty has relied upon user guide cum warranty of the Chimney Hood. Before proceeding further it is worthwhile to reproduce relevant condition of the user guide cum warranty of the Chimney Hood which runs as under:-

                          “LIFETIME WARRANTY (On select models only)

                           To avail the lifetime warranty you need to register online within 90 days of your purchase. To register online you need to do the following:

Log on to glen website www.glenindia.comClick on lifetime warranty, it will open a window there you need to feed the lifetime warranty unique ID, model number and serial number of the chimney hood. For LTW unique ID and serial number you need to open the chimneyhood. You will find two labels one for LTW unique ID and other for serial number. (Never ever remove the labels otherwise the warranty becomes void). If all your information is correct and matches with our record another window will open wherein you will need to fill the personal details like name and address etc.

                          Once you complete the information and press submit a confirmation number will be given for future reference. Also one confirmation mail with all the details will be sent to your email id. You are requested to take a printout of the same and keep it safe. In case of any repair in futureyou will need to show this mail to the service engineer to avail the lifetime warranty.

  Note: The offer lapses if not registered with in 90 days of date of purchase.’’

From bare reading of the warranty clause it is crystal clear that for the purposes of life time warranty of the Chimney Hood the complainant was required to register online within 90 days of the purchase of the Chimney Hood and if the buyer fails to register online within 90 days the offer for warranty shall lapse. Hence it is for the complainant to show that the complainant registered the Chimney Hood online within 90 days as per the warranty clause. But there is nothing on the record to show that the complainant fulfilled the condition of the warranty clause i.e.registered the Chimney Hood online within 90 days from the purchase of the Chimney Hood. Hence on 11.08.2014 the Chimney Hood was not within warranty. Therefore, there is no unfair trade practice and deficiency in service on the part of the opposite parties.

Resultantly there is no merit in the complaint. The complaint fails and is hereby dismissed.

Order pronounced on :

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                                                                                                  (R.S.  BAGRI)                       MEMBER                                                                                                                     PRESIDENT