Haryana

Kurukshetra

CC/187/2019

Manish Kumar - Complainant(s)

Versus

Kitchen Maker - Opp.Party(s)

YR Bansal

25 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint No.187 of 2019.

Date of instt.:16.05.2019.           

  Date of Decision: 25.09.2019.

 

Munish Kumar, aged 43 years, s/o Shri Ghan Sham Dass, r/o Ladwa, District Kurukshetra.

                                                                ……….Complainant.                                             

                                                                             Versus                    

 

1. Kitchen Maker, SCO 6, First Floor (above ICICI Bank), Sector-11, Panchkula, through its proprietor.
2. Kaff Appliances (India) Pvt. Ltd., Corporate Office MALIBUT, Arcabe 1^st Floor, near Water Reservor Malabut Town, Sohna Road, Gurgaon (Haryana) through its Managing Director.

..………Opposite parties.

 

Complaint under Section 12 of the Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Sunil Mohan Trikha, Member.                                               

Present:     Shri Y.R. Bansal, Advocate, counsel for the complainant.

Opposite Parties ex-parte.

 

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Munish Kumar against Kitchen Maker and others.

2.             The brief facts of the complaint are that OP No.1 is the dealer of OP No.2 and OP No.2 is the manufacturer of KHB60 BR 4 Black Glass HOB, Code No.73211190. The complainant purchased one KHB60 BR 4 Black Glass HOB, Code No.73211190 for a sum of Rs.18,500/- on 08.05.2018 from OP No.1 vide Invoice No.32. The said gas burner was having a manufacturing defect from the date of purchase and in this regard several complaints were made by him to the OPs. One of the burner of the Gas Chuhla was repaired by OPs service provider, but the same defect was occurred again and no action in this regard was taken by the OPs. In this way, the OPs are deficient in services. Hence, this complaint.

3.             Upon notice, no one appeared on behalf of the OPs on 07.03.2019, accordingly they were proceeded against ex-parte by this Forum on that date.

4.             The learned counsel for the complainant has tendered affidavit of complainant as Ex.CW1/A alongwith documents Ex.C-1 to C-7 and closed the evidence.

5.             We have heard the learned counsel for the complainant and have perused the case file carefully.

6.             Admittedly, the complainant purchased one KHB60 BR 4 Black Glass HOB, Code No.73211190 from the OP No.1 for a sum of Rs.18,500/- vide invoice dated 08.05.2018 (Ex.C1). The learned counsel for the complainant has argued that the gas burner of said Chuhla was having a manufacturing defect from the date of its purchase and in this regard the complainant made complaint bearing No.KF217029 to the OPs on the toll-free number 18001802221 (Ex.C-7), but all in vain and thereafter, the complainant made several complaints to the OPs on the above-said toll-free number of the OPs. He further argued that one of the burner was repaired by service provider of OPs, but the same defect was occurred again and no action has been taken by the OPs to resolve the grievance of the complainant. To support his case, the complainant produced his affidavit as Ex.CW1/A alongwith documents Ex.C-1 to Ex.C-7, whereas, none of the OPs have appeared before this Forum to rebut the above-said version of the complainant and opted to be proceeded against ex-parte. So, the evidence adduced by the complainant goes unrebutted and unchallenged against OPs and thus, we have no option, but to accept the version of the complainant, which is duly supported by his affidavit and other supporting document. Since the gas chuhla/burner in question was purchased by complainant on 08.05.2018 and the same became defective from the very beginning of its purchase, therefore, it is proved on record that gas chuhla/burner was defective one from the very beginning and the OPs failed to remove its defect, due to which, the complainant could not take the benefit of gas chuhla/burner in question. As such, there is deficiency in service on the part of OPs and the complainant is entitled to refund of the amount of gas chuhla/burner in question from the OPs.  

7.             In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

1. To remove the gas chuhla/burner in question from the premises of the complainant and to refund the amount of Rs.18,500/-, i.e. the price of the gas chuhla/burner.
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                The OPs are further directed to comply with the aforesaid directions jointly and severally within the period of 30 days from the date of preparation of certified copy of this order, failing which, the complainant shall be entitled interest @9% per annum from the date of order till actual payment and the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Announced in open Forum:

Dt.:25.09.2019. 

                                                                        (Neelam Kashyap)

                                                                        President.

(Neelam)           (Sunil Mohan Trikha)        

                Member             Member