BEFORE THE DISTRICT CONSUMER FORUM AT KHAMMAM

Dated this, the 10^th  day of July 2018

          CORAM:     1. Sri. P. Madhav Raja, _{B.Sc., M.Li.Sc. LL.M.,}– President

2. Sri. R. Kiran Kumar_{, B.Sc., LL.M.} – Member

C.C. No.01/2017

Between:

Rekhala Bhaskar, S/o. Late Satyanarayana,

Age:55 years, Occu: Social Worker,

R/o.NST Road, Khammam Town,

Khammam District, Telangana State.                               …Complainant

And

M/s. Sai Hamunam Home Town Tiles ‘N’ Sanitary,

Ganesh Towers, Ground Floor, Mamatha Hospital Road,

Khammam, Rep. by its Prop. Sri Dinesh.                        …Opposite party

        This C.C. is coming before us for hearing in the presence of Sri.  S.Ramesh Kumar, Advocate for complainant; and of Sri. Kolli Sathyanarayana, Advocate for Opposite Party; upon perusing the material papers on record; upon hearing arguments and having stood over for consideration, this Forum passed the following:-

ORDER

(Per Sri. P. Madhav Raja, President)

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

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1.       The set of brief facts in the complaint are that the complainant is a social worker deeply immersed in social activities/works. Complainant had constructed a house at NST Road in Khammam and approached the opposite party who made believe him that the products/material in his shop are of good quality and of high standards and on such assurance of opposite party the complainant purchased Essen 90 Chimney (1 number) KHB 86 BRS Hob (1 number) vide bill No.494 dated on 05-10-2016 for Rs.59,382/- with one year guaranteed period. After installation of the said chimney in the complainant house developed some problems and technician of the Opposite party have rectified. Again due to the manufacturing defect problem had developed in the said chimney viz Hob glass broken, burners were melted and fire was not regulated through the burners. The complainant brought the matter to the notice to the opposite party but the opposite party did not rectified the defect and proved that the assurance given by him was false due to which uncontrolled flames from the burners of the stove frightened  and threat of the lives to the family members  of the complainant. Due to non availability of manufacturers particulars it was not made party to the proceedings. The non rectifying the defect amounts to the deficiency of service and held for mental agony of complainant thus the complainant filed  the complaint praying to order Rs.1,00,000/- towards damages and cost of the material of Rs.60,000/- from the opposite party.

2.       In support of the complainant contentions complainant filed the following  document, which is marked as Ex.A-1.

Ex.A-1:        is the original copy of Estimation from Sai Hamunam, Home Town Tiles “N” Sanitary, Khammam.

3.       On the notice the opposite party had appeared through his counsel and denied the contentions of the complainant and further contended through his counter that the complainant is guilty of describing himself as social worker in fact he is a business man having cinema hall and educational society and to gain sympathy of the forum the complainant had described himself, as social worker. The opposite party further stated that he is nothing to do with the manufacturing defects either chimney or Hub. The opposite party had never given any guarantee/warranty for the said chimney and Hub purchased by the complainant. The warrantee/guarantee was given by the company i.e. KAFF Appliances (Pvt) Ltd. The complainant had  gave a complaint with regard to some defects in HOB only i.e. Hob glass broken and basing on online complaints the company officials got rectified the defect by replacing the Hob Glass and all the issue transcribed between them only and this  opposite party is only inter-mediatory between the customer/ complainant and company and does not hold any responsibility with regard to any defect in the material sold to the customer on behalf of the company. The opposite party had never received any complaint from the complainant and the opposite party doesn’t have any technicians of his own. The company will depute the technicians as per the online complaints received by them and question of replacing the material purchased by the complainant is not within the hands of him. The complainant is having warranty from the company and in regular touch with them and intentionally not made them as party to the proceeding and payment of Rs.1,00,000/- for damages and Rs.60,000/- for material does not arise as there is no shortfall and no defect in the service rendered by the opposite party and for proper adjudication of the matter the opposite part had mentioned the company address and liable to dismiss as it is not maintainable against him.

4.       The opposite party has filed receive document petition through IA.No.55/2018, the petition is allowed and document received to support the contentions on behalf the opposite party and are marked as (Ex.B1 to B10)

Ex.B1 is the photocopy of document issued by Sai Hanuman Home Town, Khammam.

Ex.B2 is the photocopy of Service Report issued by KAFF Appliances (India)

Pvt.Ltd. dated:NIL.

Ex.B3 is the photocopy of Service Report issued by KAFF Appliances (India)

Pvt.Ltd. dated:23-03-2016

Ex.B4 is the photocopy of Service Report issued by KAFF Appliances (India)

Pvt.Ltd. dated:NIL.

Ex.B5 is the photocopy of email document by KAFF Appliances (India) Pvt.Ltd.

Ex.B6 is the photocopy of email document by KAFF Appliances (India) Pvt.Ltd.

Ex.B7 is the photocopy of email document by KAFF Appliances (India) Pvt.Ltd.

Ex.B8 is the photocopy of email document by KAFF Appliances (India) Pvt.Ltd

dated:03-03-2017 at 10.26 A.M.

Ex.B9 is the photocopy of email document by KAFF Appliances (India) Pvt.Ltd.

dated:03-03-2017 at 11.05 A.M.

Ex.B10 is the photocopy of email document by KAFF Appliances (India) Pvt.Ltd.

5.       Heard both sides oral arguments.  

6.      In view of above submissions, now the point that arose for consideration is:    

  Whether the complainant is entitled as prayed for?

Point No.1:-On perusal of material of the record i.e. Ex. A-1 the complainant had purchased Essen 90 Chimney (1 number) KHB 86 BRS Hob (1 number) vide bill No.494 dated on 05-10-2016 for Rs.59,382/- but as claimed by the complainant the warranty/guarantee card is not filed to substantiate his contention that the said material has provided warranty/Guarantee. It is evident through the mails of the manufacturer company that defect had developed in the said chimney viz Hob glass broken, burners. The complainant contended that he had brought the matter to the notice to the opposite party but the opposite party bluntly denied and there was only on line complaint with the product company and the opposite party does not have technical staff to rectify the defects. It is evident through the mails i.e. Ex.B2 to Ex.B-10 the company technicians have contacted the complainant and rectified the said defect and also extended the warranty period for the said product as demanded by the complainant. The complainant had concealed the facts which were going on from 2016 to 2017 and even at the time of filing of counter in IA No.55/2018 the complainant never taken any word of repairs and the details of them except disowning the documents filed and unknown of the product company address to implead the company and also shifted the burden on the opposite party to implead the said company. The Ex. B-2 reveals that the said product company has replaced the Hob glass and burners therefore we are in view that now the complication has resolved therefore we don’t find any deficiency of service by the opposite party and the point is answered accordingly against the complainant.

7.       In the result, the complaint is dismissed.  No costs.

(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum, on this the  10^th day of July, 2018).

                    Member                           President

                                                          District Consumer Forum, Khammam.

APPENDIX OF EVIDENCE

                                           WITNESSES EXAMINED:-

For Complainant                                                    For Opposite party  

       None                                                                          None

DOCUMENTS MARKED:-

For Complainant                                                    For Opposite party

                      Member                         President

                                                          District Consumer Forum, Khammam.