DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                      Consumer Complaint No.635 of 2015

                                                  Date of institution:  30.11.2015                                                   Date of decision  :   26.10.2016

Ms. Durgesh Joshi wife of Late Rajeshwar Sarup Singh Joshi, resident of 102, Kansal Enclave, Village Kansal, Tehsil Kharar, District Mohali, SAS Nagar.

……..Complainant

Versus

1.   KAFF Appliances (India) Pvt. Ltd., Malibu Arcade, Ist Floor, Malibu Towne Sohna Road, Gurgaon 122101 through its MD.

2.   Shri Vikas Gulati, Chief Engineer, KAFF Appliances (India) Pvt. Ltd., HE-1163, Phase-1, Mohali backside of DC Office, Mohali.

3.   Shri Shiv Kumar, Engineer, KAFF Appliances (India) Pvt. Ltd., c/o Shri Vikas Gulati, Chief Engineer, KAFF Appliances (India) Pvt. Ltd., HE-1163, Phase-1, Mohali backside of DC Office, Mohali.

4.   Universal Waves, S.C.F. 53, Ist Floor, Phase-9, Mohali through its partner Vinay Kumar Mob. No.92169 99894

5.   Manjit Bajwa, Partner Universal Waves, S.C.F. 53, Ist Floor, Phase-9, Mohali Mob. No.92169 99893.

                                                                 …..Opposite Parties

Complaint under Sections 12 of

the Consumer Protection Act

Quorum

Shri Ajit Pal Singh Rajput, President                          Shri Amrinder Singh Sidhu, Member.

Mrs. R.K. Aulakh, Member.

Present :           Sh. Anshul Kaushal, counsel  for the complainant.

                        Sh. Vikas Gulati, authorised representative on behalf of OP No.1 and 2.

                        OP No.3 in person.

                        None for OP No.4 and 5.

ORDER

By Ajit Pal Singh Rajput, President.

                Complainant Ms. Durgesh Joshi wife of Late Rajeshwar Sarup Singh Joshi, resident of 102, Kansal Enclave, Village Kansal, Tehsil Kharar, District Mohali, SAS Nagar has filed this complaint against the Opposite parties (hereinafter referred to as “the OPs”) under Sections 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.            The complainant purchased Fridge BASSANO 90 CM KAFF alongwith some other articles from OP No.4 vide invoice dated 18.10.2014. The complainant also purchased KB2-ST Microwave Grill & Steam ACC from OP No.4 vide invoice dated 24.02.2015.  At the time of purchase of articles on 18.10.2014 the OP No.4 told the complainant that officials of the company will come for installation of those articles but none came. However, after purchase of Microwave on 24.02.2015, OP No.2 and OP No.3 came for installation of the articles purchased on 18.10.2014 and 24.02.2015. OP No.2 and 3 came on 01.03.2015 and charged Rs.1600/- from the complainant for installation of articles. However, the BASSANO 90 CM KAFF Chimney was not properly installed due to which it had fallen down on the night of 13.05.2015. The complainant informed the OPs on 14.05.2015 and on 15.05.2015 OP No.3 came and asked the complainant to send the photos of Chimney to OP No.2 which the complainant sent on the mobile number of OP No.2 but no reply was received by the complainant. The complainant also lodged complaints with helpline number of the OPs but nothing was done.  Ultimately the complainant got the chimney repaired on 06.08.2015 by paying Rs.3500/- for its mirror glass. Even the microwave installed on 01.03.2015 was also not working as neither steamer nor its oven was working. Complaint lodged on 06.08.2015 did not yield any result.  The fridge is also not working properly as there is no proper air locking even after change of rubber of door.  The notice issued to the OPs is also without any result.     Hence, this complaint for directing the OPs to refund the amount of Rs.3500/- alongwith interest @ 18%; to replace the defective fridge and microwave and to pay her Rs. One lac as damages for financial and mental harassment.

3.             The complaint is contested by the OPs. OP No.1 to 3 in their reply have pleaded that the complainant called these OPs on 22.10.2014 for fitting of the material purchased on 18.10.2014.  OP No.2 and 3 went to the complainant but the site where the installation was to be done was not ready. The complainant was requested to get the site ready and then call the OPs. After 15-20 days OP No.2 received a call from the complainant to visit and told to give the box sizes of the said equipment to the carpenter. After a month OP No.3 installed the chimney as rest of the site was incomplete and after the site completion, OP No.3 installed the remaining equipment on 01.03.2015 by charging Rs.1600/-. After that these OPs received a call from the complainant about fallen down of chimney and on visit they found that the glass of the chimney was broken. The photographs of the broken glass were sent to their Head office who informed that it was not the technician fault as the wooden fitting of the complainant had fallen down and the complainant had to pay for the broken glass. The OPs charged Rs.3500/- for the broken glass.  The complaint of microwave was redressed free of costs as it was within warranty. Regarding problem of fridge it was found that gasket/seal was chewed by the mouse which was changed free of cost. It was found that the wooden door was not in proper shape as per fridge’s door. The complainant was asked to call the carpenter so that they could instruct him but the complainant never called the carpenter. They have denied that the complainant called them on 27.01.2016 and 11.02.2016.  Even after receipt of notice of the complaint, they tried to contact the complainant but she never picked the phone. Thus these OPs have prayer for dismissal of the complaint.

4.             OP No.4 and 5 in their reply have admitted that the complainant made purchases of the articles from them. However, part payment of Rs.36,150/- is still pending from the complainant. When they asked the complainant to made payment, the complainant asked them to modify the oven unit shutters and only then she will release the payment. The OPs got the necessary modification. The officials of the company regularly visited the site and done the job as and when required. There is no deficiency in service on the part of the OPs.

5.             In order to prove her case the complainant tendered in evidence her affidavit Ex. CW1/1, copies of bill dated 01.03.2015 Ex.C-1; bill dated 06.08.2015 Ex.C-2; bill dated 18.10.2014 Ex.C-3; bill dated 24.02.2015 Ex.C-4; legal notice dated 14.08.2015 Ex.C-5; postal receipts Ex.C-6 and returned envelopes Ex.C-7 to C-9.In rebuttal Op No.1 and 2 tendered in evidence affidavit of Vikas Gulati Ex.OP-1/1. OP No.3 tendered in evidence his affidavit Ex.OP-1/3 and on behalf of OP No.4 and 5 affidavit of Vinay Kumar Ex.OP-1/4 has been tendered in evidence.

6.             The learned counsel for the complainant pleaded that the OPs have not rendered proper after sale service to the complainant. The chimney was not properly installed by the OPs due to which it fell down and the complainant had to bear financial loss of Rs.3500/-. Even the microwave and fridge purchased from the OPs were also not functioning properly. The OPs have not attended to the complaints made by the complainant which has caused mental tension and harassment to the complainant.

7.             On the other hand, the authorised representatives of the OPs have pleaded that the site where the chimney and other articles were to be installed was not ready and the complainant was asked to first get the site ready for installation and inform them accordingly. Thereafter the OPs installed the chimney properly but the chimney fell due to the wooden fitting on the wall fell down. Even the microwave and fridge of the complainant are not having any manufacturing defect.

8.             After hearing the learned Counsel for the complainant, authorised representatives of the OPs and going through the pleadings, evidence, written arguments as well as oral submissions, we find that the complainant has failed to produce any cogent evidence to support her submissions. The OPs have stated that the chimney fell due to fall of wooden fitting. As regards the fridge, the OPs have asked the complainant to call the carpenter so that they could instruct him but the complainant had failed to call the carpenter. The problem of the microwave was also redressed by the OPs free of cost. Thus, mere bald assertion of the complainant without any cogent and reliable evidence cannot be accepted. Moreover the complainant has also failed to place on record any expert opinion in order to establish, whether any kind of manufacturing defect was there. 

9.             Accordingly in view of our aforesaid discussion, we are of the view that no deficiency of services had been committed by the OPs.  Hence the present complainant is hereby dismissed being devoid of any merits. No order as to cost.  

                The arguments on the complaint were heard on 13.10.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 26.10.2016    

                                              (A.P.S.Rajput)                                                  President

        (Amrinder Singh Sidhu)

Member

(Mrs. R.K. Aulakh)

Member