BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.209 of 2020
Date of Instt. 04.08.2020
Date of Decision: 09.03.2021
Rakesh Verma S/o Madan lal Resident of House No.533, Leather Complex Road, Paras Estate, Basti Peer Dad, Jalandhar presently residing at House No.505, Raja Garden, Basti Bawa Khel, Jalandhar-144021 (Punjab)
..........Complainant
Versus
1. Gupta Traders, Opp. Ramgarhia Gurudwara, Kapurthala Road, Jalandhar (Punjab) Mobile No.9814087442
2. Kaff Appliances (I) Pvt. Ltd., S. S. Plaza, 4th Floor, Sector 47, Gurgaon-122018 Haryana (India)
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Complainant in Person.
OP No.1 exparte.
Sh. Vikas Gulati on behalf of OP No.2.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that the OP No.1 is authorized dealer of Kaff appliances and OP No.2 is a manufacturer of HOB HBR situated at Gurgaon (Haryana). That the complainant had purchased one HOB HBR (HSN Code 73211110) from the OP No.1 against the invoice no.U611/2019-2020 dated 20.03.2020 before the lockdown period. After the unlocking of the lockdown the complainant called on mobile phone the OP No.2 to install the appliance/produce in his kitchen. The technician/agent of OP No.2 visited the house of the complainant on 11th June 2020 and installed the appliance/product. Further he assured that this appliance/product will not create any problem in future. But just after few hours of installation the problem started. According to the specification of the appliance/product, it starts working with automatic ignition. But just after few hours of installation it failed to start with automatic ignition and it become the compulsion of the complainant to ignite it every time with lighter. That the complainant first time complained on customer care phone number provided by OP No.2 vide complaint number 200620085 on 20.06.2020, then the technician/agent from OP No.2 visited the house of the complainant and solved the problem and gave the assurance that this will never happen in future. But just after few hours the same problem persisted and the complainant faced a huge mental agony. Suffering from regular mental harassment the complainant again complained on customer care phone number vide request number 200701330 on 01.07.2020 and this time again the whole process again repeated by OP No.2, but failed totally to solve the problem. Left with no alternative the complainant again called on customer care phone number provided by OP No.2 vide 200711293 on 11.07.2020. But this time OP No.2 showed its full negligence and sends no technician/agent to solve the problem and mentally tortured the complainant. That left no alternative lastly the complainant complained to customer care through email, in which he warn to the company that if you will not solve the problem then we will have to move Hon’ble Consumer Court, but still the company has not given any satisfactory reply. The said appliance/product is under two years warranty period, but the OP No.2 failed totally to solve the problem. Whenever the complainant try to start the appliance/product the knobs are open and gas starts flowing in the house which is very dangerous to the life of the complainant and his family. The auto ignition feature of the appliance/product, about which the OP No.2 boasts every time, is just a method to befool the customers by OP No.2 for their huge gains. The complainant has paid such a huge amount of around Rs.13,100/- for this very feature of the appliance/product. But the reality is that this product is worth of only an ordinary steel gas stove in which ignition is started with lighter. From the day of installment the complainant compelled to start every time the ignition in appliance/product with lighter although it is paid approximately Rs.10000 extra for this very feature of auto ignition. From the above situation, it is clear that OPs has not kept their commitment regarding warranty of the product and are not able to solve the problem against the various complaints of the complainant. That due to the above said facts there is complete negligence and unfair trade practice on the part of the OPs and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to provide new HOB against the old new or to return the amount of Rs.13,099/- and compensation of Rs.30,000/- to the complainant for causing mental tension and harassment and any other relief which complainant is entitled or this Forum deems fit may also be granted to the complainant.
2. Notice of the complaint was given to the OPs, but despite service OP No.1 failed to appear and ultimately, OP No.1 was proceeded against exparte, whereas OP No.2 appeared in person and filed reply and contested the complaint by taking plea that the complainant Rakesh Verma purchased the HOB HBR603 B on 20.03.2020 and same has been installed on 11.06.2020. The complainant has complained for the product uses first time on 20.06.2020 and same was duly attended and rectified by out professional technician. However complainant was not satisfied with the product on account of non functioning of Auto Ignition. This is highlight here that our technician has visited twice and auto ignition was functioning and lastly submitted that the company will replace the product with New HOB and same has been communicated to complainant earlier also.
3. Rejoinder to the written statement of OP No.2 filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied those of the written statement.
4. In order to prove their respective versions, both the parties produced on the file their respective evidence alongwith documents.
5. We have heard the argument from complainant in person and Service Manager of OP No.2 and also gone through the case file very minutely.
6. In nutshell, the case of the complainant is only that he purchased one HOB HBR 603 B kaff from OP No.1 on 20.03.2020, which is evident from Ex.C-1. On the telephonic call of the complainant to the OP No.2, the technician was installed the said product/appliance in the kitchen of the complainant on 11.06.2020 with the facility of auto ignition, but just after few hours of installation, the problem of auto ignition started and auto ignition facility is totally failed and for igniting the said product, the complainant every time used lighter. Regarding this problem, the complainant complained on customer number provided by OP No.2, vide complaint No.200620085 on 26.06.2020, copy of the same is Ex.C-4 and then technician of the OP No.2 visited the house of the complainant and solved the said problem but after few hours the same problem again occurred and the complainant again complained the same matter to the customer care, copy of the same is Ex.C-5 and again the whole process repeated by OP No.2, but totally failed to solve the problem and lastly the complainant has no alternative and again called the customer care, Copy of the same is Ex.C-6, but this time no technician has come to solve the problem and lastly the complainant filed the present complaint.
7. To prove his case the complainant produced on the file his affidavit Ex.CA, Copy of Invoice Ex.C-1, Copy of complainant dated 14.07.2020 Ex.C-2, Copy of Complaint dated 17.07.2020 Ex.C-3, Copy of complaint Ex.C-4, Copies of complaint Ex.C-5 and Ex.C-6 and Ex.C-7 copy of email.
8. On the other hand, the OP No.1, who is authorized dealer of Kaff appliances failed to appear as well as contested the case, but OP No.2 gave his reply and simply submitted that this is one of the bestselling model. We do not face any problem in this particular model. Keeping in mind, goodwill of our esteem customers and to maintain his trust in Kaff product, company has offered him to replace the existing product with Brand new HOB.
9. After considering the overall facts, it is crystal clear that the product i.e HOB HBR has purchased by the complainant and after few hours of installation the problem of auto ignition started and regarding this problem the complainant complained many times, but the OP failed to rectify the problem. In his reply, the OP No.2 clearly says that if any problem in this particular model, the company has offered to replace the existing product with brand new HOB. From the complaints Ex.C-2 to Ex.C-7, it is clear that there is a problem in HOB, but the OP it totally failed to rectify the same and the OP No.1 failed to appear in this Commission for contesting the same and no cogent and convincing evidence has been brought by the OPs to prove his case and OP No.2 submitted in his reply that the company will replace the product with new HOB. So, from all angles it is clear that the complainant is entitled for the relief as claimed.
10. As a result of the above discussion, the present complaint is partly allowed and opposite parties are directed to replace the said appliances i.e. HOB HBR with new one within 45 days from the date of receipt of the copy of order. The opposite parties are also directed to pay Rs.3,000/- as compensation and litigation expenses to the complainant on account of mental tension, harassment. All the opposite parties are jointly and severally liable to comply with this order. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the record room after its due compliance.
ANNOUNCED IN THE OPEN FORUM:
9th Day of March, 2021
(Kuljit Singh)
President
(Jyotsna)
Member
