BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Col. A.S. Vaid, House No. 1335, Sector 33-C, Chandigarh.

…..Complainant….

                           V E R S U S

1]    Glen Appliance Pvt. Ltd. H. No. 1-34, DLF, Ind. Area, phase I, Faridabad (Haryana)

2]    Glen Appliances Pvt. Ltd. Area Sales Manager Plot No. 454, (GM Market), Phase II, Ramdarbar, Chandigarh. 

3]    Sai Sales Corporation, SCO No. 68-70, Basement, Sector 17, Chandigarh.

4]    RCPM International ER-6, GT Road, Opp. Old DC Office, Jalandhar.

                                  Opposite parties

CORAM:   SH.P.D.GOEL, PRESIDENT

                                SH.RAJINDER SINGH GILL, MEMBER

              DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER

Argued by:  Sh. A.S. Vaid, Complainant in person.

                 Sh. Abhishek Kumar, Authorised Representative of OPs.

PER DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER 

             Briefly Stating, the facts of the case are that the Complainant purchased Glen LPG Stove 1045, SS  HF A1, four burners with auto ignition from RCPM International Jalandhar on 13.7.2010 for Rs.5400/- (Appendix. A) having one year guarantee with additional guarantee of five years for burners (Appendix B).  The averment of the complainant is that the burners became defective within 6 months of its purchase and complaint thereof was lodged with Sai Sales Corp. authorized Service Centre of  OPs on 13.1.2011 (Appx-C).  Sh. Raj Kumar from Sai Sales Corp did his best to rectify the defect by replacing burner and mixture tube but could not rectify the same.  The said Rajkumar shown his inability to remove the defect as it is beyond his comprehension and said that he would send someone from the Glen Manufactures.  As per assertion of the complainant, the defect was of a serious nature, when the high flame burner is lit and turned to “sim” and then brought back to high flame, the flame would extinguish but the unburnt gas would continue to circulate within the mixture tube till it is  ‘switched off’, when again turn on the gas, the burner would not lit but unburnts gas from cylinder would continue to circulate within the burner and if by any chance this gas is sucked into the gas cylinder, the gas cylinder could explode, which could cause not only damage to the property but also loss to human life. 

              The complainant further alleged that even after lapse of one week time no one turned up from Sai Sales Corp. and on contact; it was informed that the concerned person is away and would be sent immediately on his arrival. On 19.1.2011 again the complainant contacted Sai Sales Corp. and talked to Mr. Abhishek, Area Sales Manager and narrated him the whole problem and fire risk involved  due to the said defect.  He assured that he would come after talking to the Sai Sales Corp, but did not turn up. The Complainant talked to Mr. Abhishek on many occasions on 21.1.2011, 28.1.2011, 31.1.2011 and 2.2.2011 but every time it was told that after getting spare parts from the factory, the defect would be rectified and shown his helplessness and advised to contact Mr. Arun Malhotra, Service Manager (All over India). Again the complainant had to tell the whole story to Mr. Malhotra. Thereafter on 5.2.2011 Mr. Raj Kumar of Sai Corp. came with another mixture tube for replacement but the defect still persisted. On the advise of Mr. Arun Malhotra, Mr. Raj Kumar opened the fuel pipe and then replace it, lower the level of the burner but the auto ignition did not function. The complainant alleged that even after lapse of 33 days, the defect could not be removed, which caused a lot of harassment to him as well as his family. He requested the OPs to change the stove which was denied. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice

2.    In their written reply the OPs have admitted all the factual materials of the complaint. The OPs pleaded that a dent was found on the gas pipe line, which could not happen without external force and on enquiry from the customer, it came to knowledge that the same might have got dented, while transferring from Jalandhar to Chandigarh.  However, the OPs even with no fault of the company, requested the complainant to hand over the Stove to their technician for replacement of complete gas pipe line with all the connecting gas pipes without any charge. In the end, the OPs persisting with their previous stand, submitted that the gas stove may be handed over to them so they can get the main gas pipe line along with auxiliary pipes.

3.    Parties led evidence in support of their contentions.

4.    We have heard Learned Counsel for the parties and have also perused the record. 

5.    There is no dispute that the said LPG Stove and burners were purchased from the OPs (Appendix A) with one year guarantee and additional guarantee  of five years for burners (Appendix B), wherein it has been clearly mentioned that:-

This GLEN Cooktop is fully guaranteed against any defect arising out of defective materials or faulty workmanship for a period of one year from the date of purchase. Should any defect develop in this cooktop during the guarantee period.  Glen Appliances Pvt. Ltd. Undertakes to get the Cooktop or any parts thereof repaired free of charge.

The aluminum alloy burnercarry a five year replacement guarantee. In case any burner gets deformed or melted or has any manufacturing defect, it will be replaced free of costs within 60 months from the production date inscribed on them.

6.           The OPs being agreed to the factual matrix of the complaint, stated that they have tried their best to make the said burners fully functional. The complainant has stated in the complaint that he has lost confidence in the product as well as having no faith in the service being provided to him. The complainant also showed his dissatisfaction with the services provided by the OP.  The said fact is supported with the affidavit of complainant. Thus it is held that the OP is guilty in rendering deficient service. 

7.           In view of the above discussion we are of the considered opinion, that there is merit in the complaint and the same is accordingly allowed. The OPs are directed to refund the amount of Rs.5400/- i.e. the price of the LPG Stove with interest @ 9% from the date of filing of the complaint.  They are also liable to pay Rs.10,000/- as compensation for physical harassment as well as mental agony faced by the complainant and also Rs.5500/- towards costs of litigation. The order shall be complied with by the OPs within 30 days from the date of receipt of copy of this order failing which the OPs would be liable to pay the aforesaid amount alongwith penal interest @18%, till the payment is actually made to the complainant.

8.    Certified copies of this order be sent to the parties free of charge.  The file be consigned.