Karnataka

Kolar

CC/102/2023

Smt.M.Prema Srinivasa - Complainant(s)

Versus

The Manager, Prestige - Opp.Party(s)

08 Aug 2023

ORDER

Date of Filing: 08/06/2023

Date of Order: 08/08/2023

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, OLD D.C. OFFICE PREMISES, KOLAR – 563 101.

 

Dated:08^thDAY OF AUGUST 2023

SRI. SYED ANSER KALEEM, B.Sc., B.Ed., LL.B., …… PRESIDENT

SMT. SAVITHA AIRANI, B.A.L., LL.M., …..LADY MEMBER

CONSUMER COMPLAINT NO:102/2023

Smt. M. Prema Srinivasa,

W/o Srinivasa Reddy,

Aged about 38 years,

R/at 2^nd Cross, R.G. Layout,

Srinivasapura Main Road,

Bangarapete,

Kolar.

(Rep. by Sri. T.M. Shivanna, Advocate)                 ….  Complainant.

 

                                                                                                                - V/s –

 

The Manager,     

Prestige/Xclusive Store

Triump Enterprises,

201, E1 Main, 2^nd Stage,

Vijayanagara Club Road,

Opp. McDonald’s,

Bengaluru-560 040. 

(Ex-parte)                                                                      ….Opposite Party.

 

 

 

 

-: ORDER:-

BY SMT.SAVITHA AIRANI, LADY MEMBER.,

1)     That the complainant has filed this complaint Under Section 35 of the Consumer Protection Act 2019 against the OP alleging deficiency in service and prays to direct the Op to refund the amount Rs.25,600/- paid towards the purchase of the gas stove with the interest @ 18% p.a. from the date of purchase, in the ends of justice and equity.

 

2) Brief facts:- The complainant brother one Madhu Kumar purchased the Prestige Gold Hob Top PHTG-33 gas No.(40564) Gas stove from the Op shop i.e. Prestige/ Xclusive shop on 25/11/2020 by paying net amount of Rs. 25,600/-. It is stated that subsequent to the purchase of the said gas stove and the Op issued Warranty card.  Further complainant submitted that, after using of Gas Stove within   some days it started leakage problem.  Then the complainant made several request to Op shop about the leakage of the gas stove by orally and through E-mail also but Op did not respond to the complainant properly though the stove is within the warranty period.  It is stated that on 10/09/2022 OP shop person came to the complainant house and take back the above said defective gas stove and gave the acknowledgement to the complainant.  Further complainant submitted that, after taking the above said gas stove the Op did not refund the amount or return back any stove to the complainant.  The Op is well aware that, the complainant brother was purchased the above said gas stove by paying the net amount to the OP so OP did not respond properly to the complainant.

 

3)     Further submitted that, the complainant was also visited the Op shop many times and asked to return the new stove or refund the amount paid by them, but the OP did not made any arrangement for the complainant grievance.  Further complainant submitted that, due to the act of the Op complainant had suffered a lot.  Hence this complaint.

 

 

 

4)     On issuance of the notice to the OP and despite service of notice OP remained absent and thereby failed to answer the claim of the complainant under these circumstances Op placed exparte.

5)     In order to prove the case of the complainant, complainant filed affidavit evidence along with the copies of the documents.

6)     On the basis of the pleadings the following points will do arise for our consideration:-

             (1) Whether complainant has proved deficiency in service on the part of the Op as alleged in the complainant?

             (2) Whether the complainant is entitled for the relief as sought in the complaint?

             (2)  What Order?

7)  Our findings on the above points are:-

POINT (1) & (2):-   In the Affirmative.

POINT (3):-    As per the final order for the following.

 

                                    REASONS

8. On perusing the pleadings of the party, these two points are interlinked to each other and for the sake of brevity and for the sake of convenience we have taken up these points together for common discussion.

9)     We have perused the pleadings averred in the complaint petition along with evidence placed on record.  It is the specific case of the complainant is that, her brother had purchased Prestige Gold Hob Top PHTG-33 Gas No. (40564) gas stove by paying net amount of Rs. 25,600/- on dated 25.11.2020 from the Op.  The main grievance of the complainant is that, the above said gas stove had leakage problem after purchased some days.  Hence the complainant approached the Op for repair thee defective gas stove which was purchased by the Madhu Kumar from the Op shop but Op did not responded to the complainant properly.  The Op well aware of that the brother of the complainant has purchased the above said stove from them and with the consent of her brother complainant is using the same and hence she is also entitled to maintain the complaint.

According to the Sec 2 (7) of the C.P Act of 2019 “

Consumer Means any person who—

(i) Buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred   payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose: or

(ii) hires or avails of any service for a consideration which has been pad or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

Explanation: - for the purposes of this clause,-

1. The expression “commercial purpose” does not include  use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;
2. The expression “buys any goods” and hires or avails any services” includes offline or online transaction through electronic means or by teleshopping or direct selling or multi-level marketing;” According to the definition of the consumer under the C P Act 2019, the complainant is a consumer.  So Op is liable to give a proper service to its customers.

10)   It is worth to note that, despite service of notice to the OP for the reasons best known to him they have failed to appear before this Commission to answer the claim of the complainant and thereon Op was placed an exparte.  Under these circumstances we proceed with the matter on the basis of the available evidence on record. 

11)   On perusal of the affidavit evidence and the documents placed on record.  Document No :(1) invoice dated 25/10/2022 it reveals that, the complainant brother had duly purchased the above said gas stove  from the Op shop. And the documents No: 2 reveals that, the complainant brother had purchased the above said gas stove in the   name and address of the complainant.  The Gas stove in question was covered under the warranty.  Hence it is the bounden duty of the seller to provide better service to their customers.  The Op should in order to repair it to its worthy condition or when the defect is found within the warranty period.  The duty cast on the seller i.e. Op shop immediately should attend to the problem up to the satisfaction of the customers but here Op has completely failed to perform their duty.  On many correspondences made to the Op through E-mail or orally. On perusal of the Document No: 7 i.e., the acknowledgment given by the Op, it is contended that the Op taken the above said gas stove on 10/09/2022.  After the Op taken back the gas stove from the complainant, complainant personally approached the Op shop and asked for the return the repaired stove or refund the amount paid by them but Op had neglected the complainant and did not give a proper service to its customer. Hence Op not only committed deficiency in service and their conduct is deplorable one, due to act of Op complainant suffered mental agony.

12)   The complainant has lost her faith on the Op Company so complainant did not asked for the new gas stove of the Op Company.  So complainant wants to refund the amount paid by them to extent of Rs.25,600/-.  Hence complainant is entitled for the claim as sought in the complaint along with the cost of the proceedings to an extent of Rs. 5,000/-it includes compensation. Accordingly we hold the points No: (1)&(2) are in the Affirmative.

13) POINT NO. (3):-   On the basis of answering the Point No. (1) & (2) and the reasons assigned thereon, we proceed to pass the following.

 

 

 

                                       ORDER

1.  The complaint is allowed with cost.
2. Op is directed to refund the sum of Rs. 25,600/- to the complainant towards the price of the stove with interest 7.5% per annum from the date of complainant till realization of the amount.
3. Op is also directed to pay Rs. 5,000/- towards the cost of proceedings and compensation.
4. Send a copy of this order to both parties at free of cost.

       (Dictated to the Stenographer, transcribed by him, corrected   and then pronounced by us on this 08^th DAY OF AUGUST 2023)

 

 

 

 

             LADY MEMBER                      PRESIDENT