DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No.90 of 4.3.2022

                                      Decided on:         20.2.2023

Rajesh Kumar Markan aged about 54 years son of Inder Pal Markan, resident of House No.302, Street No.3, Main Road, Gurbax Colony, Near Guru Nanak Nagar, Patiala.

                                                                   …………...Complainant

                                      Versus

1. Somany Home Innovation Limited 68, Echelon Institutional Area, Sector 32, Gurugram (Haryana)-122001.
2. Guru The Bahadur Enterprises, Shop No.22, Preet Nagar, B.N.Khalsa School, Sirhind Road, Patiala through its Proprietor/Authorized signatory.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

PRESENT:                   Sh.Rajesh Kumar Markan, complainant in person.

                             Opposite Parties No.1&2 ex-parte.

 ORDER                                          

1. The instant complaint is filed by Rajesh Kumar Markan (hereinafter referred to as the complainant) against Somany Home Innoivation Limited and another (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:

That the complainant purchased Hindware Kitchen Chimney Titaniq 60 model, vide bill No.682 dated 17.6.2021 for a sum of Rs.21,000/-. After purchasing the said chimney, its display light indicators (fast and slow) stopped working. In this regard complainant madeon line complaints to the service centre vide No.KAR17773515 dated 9.11.2021 and KAR1877962 dated 3.1.2022 but the OPs put the matter off on one pretext or the other. Complainant also contacted OP No.2 telephonically but it failed to give any satisfactory reply. Legal notice dated 19.1.2022 was also sent to the OPs but all in vain. There is thus deficiency in service and unfair trade practice on the part of the OPs. Consequenty, prayer has been made for acceptance of the complaint.

3. Notice of the complaint was duly issued to the OPs. OP No.2 did not come present despite service of notice and was accordingly proceeded against exparte. Notice sent to OP No.1 through registered post neither received back nor anyone appeared on its behalf. Accordingly OP No.1 was also proceeded against ex-parte.
4. In the exparte evidence, complainant furnished his affidavit, Ex.CA alongwith documents, Ex.C1 copy of bill, Ex.C2 copy of complaint, Ex.C3 copy of legal notice,Exs.C4&C5 original postal receipts and closed evidence.
5. We have heard the complainant and have also gone through the record of the case, carefully.
6. The grievance of the complainant is that OPs have sold him a defective chimney having manufacturing defect and has prayed for replacement of the same with new one or to refund the cost of chimney alongwith compensation and costs.
7. From the perusal of the record it is evident that complainant purchased the chimney on 17.6.2021 for Rs.21000/-(including tax) from OP No.2 vide tax invoice, Ex.C1. The display light indicator of the said chimney stopped working. Complainant made online complaint to customer care of Hindware Appliances vide complaint No.KAR1877962 dated 3.1.2022, which is Ex.C2. He also sent legal notice dated 19.1.2022,Ex.C3 to the OPs through registered post.Postal receipts in this regard are Exs.C4 & C5.However, the defect in the display indicator was not removed.
8. Since the evidence adduced by the complainant has gone un rebutted on the record, so we partly allow the complaint and deem it appropriate to direct the OPs to replace the defective display indicator of the chimney in question with a new one to the satisfaction of the complainant within 30 days of receipt of certified copy of this order. In case OPs failed to replace the defective display indicator, chimney of the complainant be replaced with a new one of the same model. (In this situation OPs are at liberty to take the possession of old chimney simultaneously). The OPs are also directed to pay Rs.2000/-as compensation for causing mental agony and harassment to the complainant within the prescribed period.        
9.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President