DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
PATIALA
Consumer Complaint No.333 dt.31/12/2020 Decided on: 08/09/2021
Sukhjinder Singh aged 47 years S/o Sh. Harbarjinder Singh R/o # 70, Maharajal Narindra Enclave, Patiala. ...Complainant
Versus
- Royal Departmental Store, Shop No.31-33, Main Market, Tripuri Town, Patiala ( The complete Store of Crockery, Home Appliances) Patiala through its Prop./ partner.
- Hindware Pvt. Ltd., 68 (Somany Home Innovations Ltd.) Echelon Industrial Area, Sector 32, Gurgaon through its MD (0124-288-9300) Email :
….Opposite parties.
Complaint under Section 35 of the
Consumer Protection Act, 2019.
QUORUM
Sh. Jasjit Singh Bhinder, President Dr. Harman Shergill Sullar, Member
ARGUED BY:
Sh. Sukhjinder Singh complainant in person.
Opposite Parties ex-parte.
ORDER
JASJIT SINGH BHINDER, PRESIDENT
1. Complainant has filed this complaint under Section 35 of the Consumer Protection Act, (hereinafter referred to as the Act) against the Opposite Parties namely Royal Departmental Store & Ors. ( hereinafter referred to as the OPs) on the ground that complainant availed the services of the OPs by purchasing one Chimney CLEOHACBLK90AC 987265013 for an amount of Rs.12,200/- dt.27/01/2020 vide invoice NO.G2525 dt.27/01/2020. After installing the chimney in the kitchen at the complainant’s residence, it is not working properly and in this regard complainant made many complaints to the OPs who assured the complainant to repair the same or to replace the same with another one. It is pertinent to mention here that at the time of purchase of the said chimney, the OP No.1 has told that the Chimney is of 90 CM but later on found that the suction area is of 40CM only and at the time of using the same, it does not suck the smoke and smoke goes outside the chimney which spoined the walls of the house of the complainant. After repeating requests and after many emails, messages, the Ops repaired the same but the defect was not removed till date. Complainant many times requested the OPs to refund the amount of the chimney but the OPs No.1 did not pay any heed and lastly refused to replace/ refund the amount by saying that it is not their fault and it is manufacturing fault for which OPs will be held responsible. Thus, alleging deficiency in service on the part of the OPs. The complainant has prayed that the complaint be accepted and opposite parties be directed to refund Rs.12,200/- received by the OPs and Rs.100,000/- on account of mental tension, physical and mental harassment, agony along with 18% interest P.A. from the date of filing of present complaint.
2. Upon notice, OPs appeared. In reply filed by the OP No.1 preliminary objections are taken up on the grounds that the present complainant is not maintainable, Complaint is false, Frivolous and baseless and that complainant has no cause of action to file the complaint and complainant has not approached before this Commission with clean hands and concealed the material facts. On merits it is alleged that complaint admitted to the extent that chimney has been purchased from OP No.1 and that at the time of installation of the chimney, the same was working properly. It is alleged that OP No.1 from the first day of purchase was well cooperated the complainant and rectified the defect and also satisfied the complainant and that the present complaint is not maintainable and is liable to be dismissed with heavy cost.
3. In reply filed by the OPs No.2 & 3, preliminary objections are taken up that complainant had purchased a Hindware Chimney bearing serial No. CLEOHACBLK90AC 987265013 from OP No.1 who is an authorized dealer of OP for an amount of Rs.12,200/- dt.27/01/2020 vide invoice NO.G2525 dt.27/01/2020. It is alleged that instructions for installment of Chimney and the Chimney pipe have been clearly stated in the terms of use which has been provided along with the Chimney inside the package at the time of purchase. Further complainant has purchased the chimney from OP No.1 but did not install the same from OP No.2 i.e. company that complainant had install the said chimney in question from the outside or from OP No.1 on its own cost. Upon facing some issues with the working of the Chimney, complainant contacted the OP on his toll free customer care number. Hence a specialist engineer of the OP No.2 visited the house of the complainant and checked the chimney. Upon checking the chimney installed by the complainant in his kitchen, it was found that the complainant has installed a wrong size pipe to use the Chimney so there is problem in working of the Chimney. It is alleged that the pipe that complainant has installed from a local vendor for working of the Chimney has several bends which is creating problem in the working of the chimney and that chimney is not optimized due to inappropriate size of pipe, distance from Hob and Chimney and smoke exhaust. Opposite party has never denied any after sales service to the complainant. In parawise reply to the complaint it is alleged that complainant contacted the Op for issues in the chimney and upon receipt OP registered a complaint and contacted the OP authorized service center to check the chimney and specialist Engineer of OP No.2 visited and checked the chimney installed in the house of the complainant. On inspection, it was found that complainant has installed a wrong size and shape of chimney pipe having several bends near the short distance from chimney to outlet and hence there is problem in the working of the chimney. It is alleged that specialist engineer never stated that the chimney is defective or old and that Chimney is new and is free from all defects. The suction area of chimney is proper as per specification. The smoke is escaping out due to non alignment of hob to chimney due to which hob burner is going out of chimney frame. Complainant has been unable to provide any documents or evidence thereof pertaining to a manufacturing defect in the Hindware Chimney and hence complaint is liable to be dismissed summarily. It is prayed that complainant is not entitled to any relief whatsoever and is not entitled to claim and recover anything from the OP.
4. The learned counsel for the complainant produced his evidence before this Commission in the shape of documents and affidavits.
5. After filing the written statement, none has appeared on behalf of OPs No.2 & 3 and ultimately OPs No.2 & 3 were proceeded against ex-parte on 09/08/2021. Despite setting aside exparte order and after that after filing written statement by OP No.1, none has appeared on behalf of OP No.1 for leading any evidence. Thus he was proceeded against ex-parte on 02/09/2021.
6. We have gone through the pleadings of the parties and documents placed on record by the complainant as well as heard the arguments advanced by the learned counsel for the complainant.
7. To prove the case, ld. Counsel for the complainant has tendered Ex.CA affidavit of the complainant where in complainant has deposed as per his complaint and Ex.C-1 is the bill vide which chimney was purchased Ex.C-2 is the Email dt.29/02/2020 sent at wecare@hindware.co.in. Ex.C-3 to Ex.C-6 are the messages received by the complainant. ExC-7 to Ex.C-19 are the whatsapp/ email conversations with OPs. Despite several opportunities given to OP No.1, he failed to lead any evidence and thus was proceeded against ex-parte.
8. It is clear that chimney was purchased by the complainant from Royal Departmental Store i.e. OP No.1 vide receipt Ex.C-1 for a sum of Rs.12,200/-. As per the complainant the defect is in the chimney. Evidence of the complainant was not rebutted as no evidence was lead by the OPs.
9. In view of the aforesaid unrebutted evidence, complaint of the complainant is partly allowed and OP No.1 is directed to refund the amount of Rs.12,200/- to the complainant with interest @ 6% per annum from 27/01/2020 till realization and complainant is directed to give back the chimney in question to OP No.1. OP No.1 is further directed to pay a sum of Rs.5000/- as compensation on account of harassment to the complainant. This order be complied with by the opposite parties within 45 days from the date of receipt of certified copy of this order.
ANNOUNCED*
Dated: 08/09/2021
(Harman Shergill Sullar) (Jasjit Singh Bhinder)
Member President
