BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 21^st DAY OF MARCH 2022

ORDER

SRI.K.S.BILAGI, PRESIDENT

1. The complainant seeks direction against the OP to replace the product or refund the amount.

2. The case set up by the complainant in brief is as under:-

The complainant has purchased GLEN Hop-top (gas stove) from the OP on 27.02.2021 by paying Rs.15,750/-.  But, during the warranty period, there was a problem with product on 20.04.2021.  The product started to make loud noise while cooking within few days.  Accordingly, he got repaired the product on 3^rd August, 2021.  But, once again problem re-occurred on 4^th August 2021.  Despite repeated requests, the OP failed to respond.  Hence, this complaint.  There is a deficiency of service on the part of OP.

3. After receipt of notice, the representative of OP appeared and filed version.  The OP admits that complainant purchased the product on 27.02.2021.  The first complaint was raised on 20.04.2021 which was attended.  Again, the complainant raised complaint on 24.07.2021 and problem resolved by the technician finding that no problem with the product.  In fact, there was no problem with the product, the complainant failed to share video of the noise. There is no deficiency of service.  The burner was blocked while cooking directly over the burner.  The OP requests to dismiss the complaint.

4. The complainant files his affidavit evidence and relies on certain documents.  The OP has filed affidavit evidence of its authorized representative. 

5. Heard the arguments of both sides.  Perused the records.    

6. The following points arise for our consideration:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

7. Our answers to the above points are as under:

       Point No.1:  Affirmative.

       Point No.2:- Affirmative in part.

      Point No.3: As per final orders

REASONS

8. Point Nos.1 and 2:  It is admitted and proved fact that the complainant purchased GLEN Hop-top (Gas stove) worth Rs.15,750/- from the OP on 27.02.2021.  The allegations of the complainant that there was a problem with the product.  Whereas, OP contends that the technician of the OP had been to the house of the complainant and did not find any problem with the product.  The exchange of mails has taken place between complainant and Op.
9. According to the OP, their technician inspected the product and found no problem with the product.  But, technician is not examined to prove the positive contention of OP.  It is also one of the contention taken by OP that if chapathi cooked directly over burner and product would be blocked.  But, this fact is not demonstrated by the OP.  There are no circumstances to disbelieve the say of complainant.  There is deficiency of service for which the OP is liable to refund the cost of product i.e. Rs.15,750/-.
10. The complainant asked either to replace the product or refund the amount.  The complainant has used the product.  Under such circumstances, it is not a fit case to award compensation and cost of litigation.  When the complainant is entitled to refund the price of the product and complainant is liable to return the product to the OP.
11. Point No.3:- In view of the discussion referred above, the complaint is allowed in part.  The OP is liable to refund Rs.15,750/- to the complainant and complainant is liable to return the product to the OP.   We proceed to pass the following 

  O R D E R

1. The complaint is allowed in part. 
2. The OP shall refund Rs.15,750/- to the complainant and complainant shall return the product GLEN Hob Top (Gas Stove) purchased by him to the OP.
3. Both parties are directed to comply this direction within 30 days from this date.
4. Furnish the copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 21^st March, 2022)

Documents produced by the Complainant which are as follows:-