Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 165.
Instituted on : 02.04.2019.
Decided on : 26.09.2019.
Surinder Mohan s/o Sh. Jiwan Dass R/o H.No.835/13 Adarsh Nagar, Rohtak, Haryana-124001.
………..Complainant.
Vs.
- Prestige, TTK Prestige Ltd.(Reg. Office) Plot No.-38, Sipcot Industrial Complex, Hosur-635-126, India.
- National Service Manager, TTK Prestige Ltd., 110/5, Aruna Arcade, 1st Floor, Lal Bagh Road, Sudhama Nagar Near Urvashi Theater, Banglore-560027,
- Shri Balaji Bartan Bhandar, Purana Bazar, Subji Mandi Road, Gandhi Camp, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Complainant in person.
Mr. Pankaj Aggarwal, Service Executive for OP No.1 & 2.
Opposite party No.3 in person.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant purchased a Gas Stove(Prestige GTMC 03) model from the opposite party No.3 for Rs.4500/- vide bill no.938 dated 28.12.2018. That the alleged stove became defective within three days of purchase and he complained about the same at the toll free number of the company on 31.12.2018 vide complaint no.HRY-388936 and the employees of company tried to remove the defect at the house of complainant. But the defect again appeared in the alleged gas stove and on the complaint of complainant, the same was again repaired by the opposite party on 10.01.2019 & 19.01.2019. Complainant again made complaint on 06.02.2019 but the same was not attended by the opposite parties, due to which the gas-stove is lying in defective position at the house of complainant. That due to urgent need of the Gas-Stove, he had to purchase a new gas stove for Rs.5200/- on 27.02.2019. That despite repeated requests of the complainant, the defect of the gas-stove has not been removed by the opposite parties, which amounts to deficiency in service on their part. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the price of Gas-stove alongwith compensation of Rs.50000/- on account of mental agony and harassment to the complainant.
2. Notice of the present complaint was issued to the opposite parties. Opposite parties filed their written reply submitting therein that there is no manufacturing defect in the Prestige MARVEL Gas Stove, Model No.GTM 03(Gas Stove) alleged to be purchased by the complainant from the opposite party No.3 on 28.12.2018. That the complainant made repeated complaints to the opposite party regarding the Knob of Gas Stove, however, on inspection, the Service Technician did not find any problem with the knob or any other components of the Gas Stove. It is submitted that post inspection the service Technician had given demonstration of proper working of the Gas Stove to the complainant. That the complaints of the complainant were attended as and when received. That since there is no defect in the gas Stove, the opposite parties cannot be held liable towards the complainant. There is no deficiency in service on the part of opposite parties and dismissal of complaint has been sought.
4. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C3 and closed his evidence on dated 16.08.2019. On the other hand, opposite party No.1 & 2 in their evidence has tendered affidavit Ex.RW1/A, Ex.RW2/A and closed their evidence on 16.08.2019. Opposite party no.3 made a statement that evidence filed on behalf of opposite party no.1 & 2 be also read on behalf of opposite party No.3.
5. After going through the file and hearing the parties it is observed that the complainant had purchased the Gas-stove in question on dated 28.12.2018 and the defect in the alleged product appeared just within three days. As per reply filed by the opposite parties, the complainant made so many complaints regarding the Knob of Gas-stove but they did not find any problem in the product. In this regard it is observed that as per job sheet dated 31.12.2018, there was problem of knob jam for which service was made, as per job sheet 10.01.2019 there were repeated problem in the knob, as per job sheet dated 14.01.2019 part was changed but the complainant want senior technician as the defect was not removed properly and as per job sheet dated 06.02.2019 , there was again problem of “knob jam sim off” and complainant wanted replacement. Hence from the documents placed on record it is itself proved that despite repeated attempts made by the opposite parties to repair the gas-stove, the same could not be repaired which shows that there is some manufacturing defect in the product in question. Hence there is deficiency in service on the part of opposite parties for not replacing the product, which was not repairable. Now as per the bill Ex.C3, the complainant had purchased the another Gas-stove. Hence the purpose of the complainant would not be solved, if the same is replaced. As such, the complainant is entitled for refund of price of product.
6. In view of the facts and circumstances of the case, were hereby allow the complaint and direct the opposite parties no.1 to 3 jointly and severally to refund the price of Gas-Stove i.e. Rs.4500/-(Rupees four thousand five hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 02.04.2019 till its realization and also to pay a sum of Rs.2000/- (Rupees two thousand only) as litigation expenses and Rs.2000/-(Rupees two thousand only) as compensation on account of deficiency in service to the complainant within one month from the date of decision. However, complainant is directed to hand over the Gas-Stove in question to the opposite parties at the time of receiving of awarded amount.
7. Copy of this order be supplied to both the parties free of costs.
8. File be consigned to the record room after due compliance.
Announced in open court:
25.09.2019.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
