Haryana

Karnal

CC/7/2022

Amit Kamboj - Complainant(s)

Versus

Radhika Enterprises - Opp.Party(s)

Pardeep Kamboj

12 Jan 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 07 of 2022

                                                        Date of instt.07.01.2022

                                                        Date of Decision:12.01.2023

 

Amit Kamboj son of Shri Satpal Singh, resident of House no.82, Shakti Puram, Karnal.

 

                                               …….Complainant.

                                              Versus

 

1.     Radhika Enterprises, plot no.82, Industrial Area Sector-2, Kurukshetra, through its proprietor.

 

2.     KAFF Appliances India Pvt. Ltd. S.S. Plaza, 4^th floor, opposite Hilton Garden Sector-47, Gurugram-122018 (Haryana), through its Managing Director.

 

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary….Member

 

 Argued by: Shri Amit Kamboj, counsel for complainant.

Opposite parties exparte.

 

                    (Jaswant Singh President)

ORDER:  

  

                    The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that OP no.1 deals in the sale and purchase of electric kitchen Chimney. OP no.2 is the manufacturer of KAFF Appliance. The complainant has purchased one Chimney of KAFF Company model LYRA DHC 60, HSN code no.84146000 for a sum of Rs.16,500/-. After receiving the aforesaid amount, the OP no.1 has issued invoice no.R-9, dated 07.04.2021.  At the time of selling the product, OP assured the complainant that the aforesaid product is of a very good quality and said product is having good name in the market. OP also assured the complainant that if any kind of defect would arise in the said Chimney then he would replace the same with immediate effect. The employee of the OPs had affixed the said Chimney in the kitchen of the complainant. After installation of the abovesaid Chimney, there was a problem in the shutter motor of the Chimney on 12.05.2021. The complainant made complaint to the OP no.1 in this regard, on this OP no.1 advised the complainant that the said product is under warrantee and also advised to dial toll free no.18001802221 of the company. As per assurance of the OP no.1, complainant made complaint on toll free number on 25.05.2021, vie complaint no.210525185. The official of the OP no.2 visited the house of the complainant on 08.06.2021 and inspected the Chimney, but inspite of replacing the said Chimey gave minor repair and assured the complainant that now in future this problem would not arise. But after sometime, the said problem again arose, thereafter, complainant again made complaint on 03.08.2021, vide complaint no.210803277. The official of the OPs again visited the premises of complainant and inspected the Chimney on 04.09.2021 and the replaced PSB, Shutter motor and assured the complainant that now the said Chimney would work smoothly. Thereafter on 08.09.2021 the said Chimney again became defective and complainant made complaint no.210909368 to the OPs. The official of the OPs again visited the premises of complainant and again gave minor repair to the said Chimney. The said Chimney again become out of order on 21.09.2021 and complainant made again complaint to the OPs. The said Chimney again become out of order on 25.12.2021 and complainant made again complaint to the OPs, but till today, the official of the OPs has not taken any action. It is made clear that OPs have sold the defective Chimney to the complainant. The complainant made several complaints to the OPs for repair of the Chimney but OPs failed to remove the defects from the Chimney despite of their best efforts. There is manufacturing defects in the said Chimney. The complainant made many request to the OPs to replace the defective Chimney, but OPs did not pay any heed to the request of complainant. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs did not appear despite service and opted to be proceeded against exparte, vide order dated 02.09.2022 of the Commission.

3.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, photocopies of messages to the OPs with regard to defect in Chimney Ex.C1 to Ex.C4, copy of tax invoice dated 07.04.2021 Ex.C5, copy of Aadhar card of complainant Ex.C6  and closed the evidence on 14.11.2022 by suffering separate statement.

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

5.             Learned counsel for complainant submitted that complainant purchased Chimney in question from the OP no. 1 with the warranty of one year. The said Chimney has become defective during the warranty period. Complainant approached the OPs several times for repair of the Chimney but OPs failed to repair the same despite their best efforts. Complainant requested the OPs so many times for replacement of the defective Chimney or to refund the amount but OPs neither replaced the Chimney nor refunded the price of the Chimney. Now complainant has purchased new Chimney and he does not want to replace the same and wants to refund the total cost of the Chimney in question, alongwith compensation in lieu of mental agony and harassment and litigation expenses.

6.             To prove his case complainant has placed on record his affidavit Ex.CW1/A, photocopies of messages to the OPs with regard to defect in Chimney Ex.C1 to Ex.C4, copy of tax invoice dated 07.04.2021 Ex.C5. It is evident from the extract of messages and its reply Ex.C1 to Ex.C4 dated 12.04.2021, 25.05.2021, 04.06.2021, 03.08.2021 and 21.09.2021 that the complainant made many complaints to the OPs with regard to repair or replace of the defective Chimney but OPs  have failed to repair/replace the Chimney. Meaning, thereby, Chimney in question is having manufacturing defective during the warranty period but OPs have failed to resolve the defect in the Chimney.

7.             To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.

8.             It is the duty of the OPs to repair or replace the Chimney in question within warranty period, but OPs have failed to do so. In these circumstances, we are of the considered view that the Chimney in question was having a manufacturing defect and the OPs have failed to remove the defect in the Chimney. Hence the act of the OPs amounts to deficiency in service and unfair trade practice.

9.             It is evident from the bill/tax invoice Ex.C5, the said Chimney has been purchased by the complainant for the tune of Rs.16,500/-. Thus, complainant is entitled for refund of Rs.15,600/- alongwith compensation on account of mental agony, harassment and litigation expenses.

10.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to pay Rs.16,500/-as cost of the Chimney to the complainant.  Complainant is also directed to return the old Chimney in question alongwith accessories to the OPs. We further direct the OPs to pay Rs.6000/- to the complainant on account of mental agony and harassment suffered by him and Rs.5500/- for the litigation expense. Both the OPs are jointly and severally liable to pay the awarded amount. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:12.01.2023

                                                                       

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

 

       

(Vineet Kaushik)             (Dr. Rekha Chaudhary)

                     Member                          Member

Sushma

Stenographer