West Bengal

Kolkata-I(North)

CC/314/2018

Mr. Gobinda Pradhan - Complainant(s)

Versus

The Manager, Hindware Kitchen Appliance (Distributor, Sen & Company) and 2 others - Opp.Party(s)

27 Jun 2019

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/314/2018
( Date of Filing : 26 Nov 2018 )
 
1. Mr. Gobinda Pradhan
44/19, Raja Ram Mohan Roy Road, Tollygunj, Near Muchipara, Kolkata - 700082.
...........Complainant(s)
Versus
1. The Manager, Hindware Kitchen Appliance (Distributor, Sen & Company) and 2 others
93/3/1A/A.P.C. Road, P.S. - Ultadanga, Kolkata - 700009.
2. Hindware Kitchen Appliance
37B, Echelon Institution Park, Sector - 32, Gurugram, Haryana - 122003.
3. Hindware Kitchen Appliance
Head Office, 130, Balaram Dey Street, P.S. - Girish Park, Kolkata - 700006.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 27 Jun 2019
Final Order / Judgement

 

Order No.  12  dt.  27/06/2019

             The complainant filed this case stating inter alia that he purchased one HOB and one chimney on 29/12/2017 from the opt. no.1. The said product was also provided with one year warranty. The price of the articles were Rs.28,188/- which was paid by the complainant. The complainant after purchasing those articles noticed that the chimney was not properly functioning and the burner of the oven was not giving proper heat for which the complainant lodged complaint to the o.ps. but the o.ps. did not pay heed for which the complainant  filed this case praying for  direction upon the o.ps for replacement of the products or refund of the price of the chimney of Rs.28,188/- with interest compensation of Rs.50,000/- and litigation cost of Rs.10,000/-.

            O.ps contested the case by filing w/v and denied all material allegations leveled against them. It is stated that complainant has falsely described about the defects in both the products in question but indeed both the products are working properly as per inspection done by the representative of the o.ps. The complainant while raised his complaint to the o.ps. on 16/03/2018 the o.ps. duly attended the said complaint and it was found that the complainant has not used these products in proper manner, complainant has not been regularly cleaning of the chimney and HOB but the o.ps. as a good gesture made cleaning of the same free of cost. Subsequently complainant raised objection and made complaint and on all occasions, the representative of the o.ps  attended the complaint of the complainant without charging any fees from the complainant. The copies of job sheet show that complainant acknowledged the satisfaction of the work done by the representative of the o.ps. On the basis of the said fact o.ps. prayed for dismissal of the case.

             On the basis of the pleadings of the respective parties following points are to be decided:-

On the basis of the pleading of the parties the following points are to be decided.

  1. Whether complainant was purchased the products from the o.ps?
  2. Whether the products had any defects?
  3. Whether there was any difficulty in providing service on the part of the o.ps?
  4. Whether the complainant is entitled to get any relief as prayed for?

Decision with reasons :-

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. Lawyer for the complainant argued that the complainant purchased one HOB and one chimney on 29/12/2017 from the opt. no.1. The said product was also provided with one year warranty. The price of the articles were Rs.28,188/- which was paid by the complainant. The complainant after purchasing those articles noticed that the chimney was not properly functioning and the burner of the oven was not giving proper heat for which the complainant lodged complaint to the o.ps. but the o.ps. did not pay heed for which the complainant  filed this case praying for  direction upon the o.ps for replacement of the products or refund of the price of the chimney of Rs.28,188/- with interest compensation of Rs.50,000/- and litigation cost of Rs.10,000/-.

            Ld. Lawyer for the o.ps argued that complainant has falsely described about the defects in both the products in question but indeed both the products are working properly as per inspection done by the representative of the o.ps. The complainant while raised his complaint to the o.ps. on 16/03/2018 the o.ps. duly attended the said complaint and it was found that the complainant has not used these products in proper manner, complainant has not been regularly cleaning of the chimney and HOB but the o.ps. as a good gesture made cleaning of the same free of cost. Subsequently complainant raised objection and made complaint and on all occasions, the representative of the o.ps attended the complaint of the complainant without charging any fees from the complainant. The copies of job sheet show that complainant acknowledged the satisfaction of the work done by the representative of the o.ps. On the basis of the said fact o.ps. prayed for dismissal of the case.

            Considering the submissions of the respective parties it is an admitted fact that the complainant purchased these products from the o.ps. and complainant filed documents in support of the said contention. The o.ps. have also admitted that the products were purchased from them. The authorized representative of the company categorically stated that they made inspection of the products and found that due to wrong handling of the products some defects were found which were rectified and after the cleaning the same by the representative of the o.ps. the complainant put his signature on the job sheet whereby he expressed his satisfaction regarding the service rendered by the authorized representative of the o.ps. Before the hearing of the argument the case o.ps. were further given opportunity to inspect the products and to find out the defects, if any, for which the o.ps. agreed to remove the defect, the representative of the o.ps. categorically stated that on inspection of the products viz. the chimney as well as the HOB they noticed that some repairing is to be made and the motor affixed with the said chimney has to be replaced. The o.ps undertake to change the motor without asking for any payment from the complainant and also given undertaking that they would make minor repairing including the service of the HOB and other defects that could be detected at the time of repairing of those products.

            In view of the said fact and the complainant agreed to such proposal we find that there is deficiency in service on the part of the o.ps. and the complainant will be entitled to get the compensation and the litigation cost as well as free repairing of the products and the replacement of the motor. Thus the case is disposed of accordingly.

             Hence, it is ordered.

           That the case no.314/2018 is allowed on contest against ops with cost. The o.ps. are jointly & severally directed to  repair and/or replacement of the motor of the chimney as well as repairing of the HOB, if any and also remove the defects of the products within one month from this day. Complainant will also be entitled to get Rs.500/- (Rupees Five Hundred) only for harassment and mental agony and litigation cost of Rs.100/- (Rupees One Hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER

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