Chandigarh

DF-I

CC/357/2020

Parveen Garg - Complainant(s)

Versus

KAFF Appliances (I) Pvt. Ltd. - Opp.Party(s)

Amit Bhanot

19 Mar 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/357/2020
Date  of  Institution	:	07/09/2020
Date   of   Decision	:	19/03/2021

 

 

 

 

 

Parveen Garg S/o Sh. Nunya Mal Garg, R/o H.No.2226-A, SBI Colony, Sector 42-C, Chandigarh.

……… Complainant

 

Versus

 

1]   KAFF Appliances (I) Pvt. Ltd., through its Managing Director, S.S. Plaza, IV Floor, Sector 47, Gurgaon, Haryana – 122018.

 

2]   Jain Crockery Store, through its Proprietor, SCO 19, Sector 18-C, Chandigarh.

……. Opposite Parties

 

BEFORE:   SMT.SURJEET KAUR             PRESIDING MEMBER

          SURESH KUMAR SARDANA         MEMBER

 

For Complainant	:	Sh. Amit Bhanot, Counsel for Complainant.
For OPs	:	Ex-parte.

 

PER SURJEET KAUR, PRESIDING MEMBER

 

 

          Sh. Parveen Garg – Complainant has filed the instant Consumer Complaint against KAFF Appliances (I) Pvt. Ltd. & Anr. (hereinafter called the Opposite Parties), alleging that he purchased one KAFF Chimney from Opposite Party No.2 on 25.05.2020 for Rs.11,000/- vide Bill Ex.C-1. It has been alleged that on its installation, it was found that the lights fitted in the Chimney were not working, upon which a Complaint was lodged with the Opposite Party No.1 on the asking of Opposite Party No.2 on the Toll Free Customer Care number of Opposite Party No.1. Although the Complaint was duly registered vide No.200604246, yet nobody turned up to resolve the issue. It has been further alleged that on 15.06.2020, the filters of the Chimney suddenly fell on the gas stove, but no one got hurt in that incident. The Complainant made several requests to the Opposite Parties for replacing the faulty product, but when nothing positive could come out, the Complainant got served a legal notice dated 04.08.2020 upon the Opposite Parties (Ex.C-4), that too failed to fructify.    With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.

 

2.      Notice of the complaint was sent to Opposite Parties seeking their version of the case.

 

3.      Nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte.

 

4.      Complainant led evidence in support of his contentions.

 

5.      We have heard the Ld. Counsel for the Complainant and also perused the record with utmost care and circumspection.

 

6.      Per Exhibit C-1 the Complainant purchased the Chimney in question from Opposite Party No.2 on 25.05.2020 after spending an amount of Rs.11,000/-. Exhibit C-3 which is a text message, shows that upon registration of Complaint on the Toll Free Customer Care number by the Complainant, the Opposite Party No.1 registered the same vide No. 200604246.

 

7.      The sole grouse of the Complainant is two fold; firstly, despite lodging Complaint aforesaid, nobody attended the same and secondly, Opposite Parties sold a sub-standard product to him as on 15.06.2020 his wife had a narrow escape as while cooking/working in the kitchen the filters of the Chimney suddenly fell on the gas stove, but luckily no one got hurt in the incident. Several requests made by the Complainant to the Opposite Parties for replacing the faulty product fell in the deaf ears. In these circumstances, a legal notice dated 04.08.2020 (Exhibit C-4) was served upon the Opposite Parties, but the same failed to fetch the desired results.   

 

8.      Significantly, Opposite Parties did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Parties draws an adverse inference against them. The non-appearance of the Opposite Parties shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.

 

9.      In these set of circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Parties have certainly and definitely indulged into unfair trade practice as they ought to have redressed the grievance of the Complainant forthwith, which they miserably failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant. At any rate, the act of the Opposite Parties for selling a defective product and later non-providing proper after sale service proves deficiency in service and unfair trade practice on their part. Thus, we have no other alternative, but to allow the present complaint against the Opposite Parties.

 

10.      For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is partly allowed. The Opposite Parties are, jointly and severally, directed:-

[a]   To refund Rs.11,000/- to the Complainant being the invoice price of the Chimney;

[b]   To pay a compensation of Rs.5,000/- to the Complainant on account of unfair trade practice, deficiency in service and for causing mental and physical harassment to him; 

[c]   To also pay a sum of Rs.5,000/- to the complainant as litigation expenses. 

 

11.      The above said order shall be complied within 30 days of its receipt by Opposite Parties; thereafter, Opposite Parties shall be liable for an interest @9% per annum on the amount mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from compliance of directions contained in sub-para [c] above.  

 

12.      The Complainant shall return the defective Chimney in question, to the Opposite Parties, after the compliance of the order.

 

13.      Certified copy of this Order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

19^th March, 2021                                                             

Sd/-

(SURJEET KAUR)

       PRESIDING MEMBER

 

 

Sd/-

(SURESH KUMAR SARDANA)

       MEMBER

 “Dutt”