District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 607/2022
Date of Institution:09.11.2022.
Date of Order:09.06.2023.
Ishwar Singh aged 76 years S/o late Sh. Shanti Swaroop Singh, r/o H.NO. 642, Sector-37, Faridabad – 121003.
…….Complainant……..
Versus
1. Hintastica Pvt. Ltd., (Hasangarh (HPL) Sepot (Formally known as Somany Home Innovation Ltd.) Near Indoarya Logistics C/o Vision Realtech (P) Ltd., Sampla, Kharkhoda Road, Hassangarh – 124404, Haryana. Served through its office heard Sr. manager, MD etc.
End address: Corporate office:
Somany Home Innovation Ltd., (M/s. Himdwara Appliances), 69, Echelon Industrial Area, Sector-32, Gurugram-122001, Haryana.
2. Hindware Appliances, Corporate Office : Plot No. 37B, Sector-32, Gurugram – 122001 (Service to be effective through Owner, dealing head etc.)
3. Kataria Bath Collection, SCO-27, Lower Ground, (Sector-16 Market, Faridabad – 121003. Service to be effective through owner, dealing head etc.)
…Opposite parties
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Dharmender Sharma, counsel for the complainant.
Opposite parties Nos.1 & 2 ex-parte vide order dated 09.01.2023.
Opposite party No.3 exparte vide order dated 2.12.022.
ORDER:
The facts in brief of the complaint are that the opposite party No.1 had installed 15 Ltr. (One Nos.) & 07 Ltr. (08 Nos.) Electric Water Heater in the residential house NO. 642, Sector-37, Faridabad of complainant. The opposite party NO.1 was the manufactured company namely M/s. Hindware Appliances i.e opposite party No.2 whereas the opposite party No.3 was the local deal who sold the above said electric water heater to the complainant. The complainant had purchased the above said product from opposite party NO.3 on dated 26.11.2018 vide invoice NO. kbc1151/18-19. All the product were duly installed by the executive of the opposite parties. From the date of purchase the water tank of all the above said product were leaked/defected, the information in this regard was duly conveyed to the opposite parties on uncounted times through their customer care numbers. The official of opposite parties namely Mr. Gaurav Gupta (M/No/ 8448089700), Mr. Tulsi (M.No. 9899444296) most of the time attend the complaint of the complainant. Upon the above said several complaints, call and follow-ups the opposite parties replace the entire 08 electric water heaters with new (1) On dated 10.07.2020, 04 electric water heaters were replace vide ref, No. 1161051278. (2) On dated 11.08.2020, 04 electric water heaters were replace vide ref. No. 116105`953 (3) on dated 37.11.2020 01 electric water heater was replaced vide ref. No. 1161054659. On the change of above said electric water haters after
several complaints, the repair of wall, tiles, floor, building materials costs more than 1,00,000/- in overall. Due to the Covid-19, the use of electric water heaters were became Nil upto year 2021. Hence the complainant did not us the above said products and made any complaints to opposite parties On 08.09.2022 the newly changed one of the water tank of electric water heater was again leaked and same was changed through inquiry No. 1145184 dated 08.09.2022 which again clearly shows that either their product was having manufacturing defects or they provide him rejected product intentionally to harass the complainant. On dated 28.09.2022 a complaint No. 2345170 was again raised for water tank leaked newly replaced recently, after a period of 40 days on dated 05.11.2022 the service executive visit at the house of the complainant and they charged Rs.1210/- illegally during warranty period. The fitment of leaked tank was adjusted new after several unskilled kinds. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund back the electric water heater amounting i.e Rs. 45400/- to the complainant as per tax invoice alongwith the interest @ 24% p.a. from its purchase date.
b) pay Rs. 21,000/- as compensation for causing mental agony and harassment .
c) return the illegally charges amount of Rs.1210/- during the warranty period on dated 05.11.2022 alongwth interest of Rs.24% p.a.
d) pay Rs. 21,000 /- as litigation expenses.
2. Notices issued to opposite parties Nos. 1& 2 on 08.12.2022 not received back either served or unserved. Tracking details on behalf of opposite parties Nos.1 & 2 filed in which it had been mentioned that “Item Delivery
Confirmed”. Mandatory period of 30 days expired. Hence, opposite parties Nos. 1 & 2 were hereby proceeded against exparte vide order dated 09.01.2023.
3. Notice issued to opposite party No.3 received back with the report of “Refusal”. Case called several times since morning but none appeared on behalf of opposite party No.3. Hence, opposite party No.3 was hereby proceeded against ex-parte vide order dated 02.12.2022.
4. The complainant led evidence in support of his respective version.
5. We have heard complainant in person and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties–Hintastica Pvt. Ltd. with the prayer to: a) refund back the electric water heater amounting i.e Rs. 45400/- to the complainant as per tax invoice alongwith the interest @ 24% p.a. from its purchase date. b) pay Rs. 21,000/- as compensation for causing mental agony and harassment . c) return the illegally charges amount of Rs.1210/- during the warranty period on dated 05.11.2022 alongwth interest of Rs.24% p.a. d) pay Rs. 21,000 /- as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Ishwar Singh, Ex.C-1 – tax invoice, Ex.C-2 to 4 – Delivery challans, Ex.C-5 – Delivery Challan, Ex.C-6 – Service job sheet Ex.C-7 – Electric Water Heaters,
7. in this case, the complainant purchased the above said product from opposite party No.3 on 26.11.2018 vide invoice No. kbc1151/18-19. (Ex.C-1). After few days of its purchase the water tank of the above said product were leaked/defected. As per delivery challan vide ref. No. 1161051278 dated
10.07.2020 vide Ex.C-2 electric water heaters were replaced. As per delivery challan vide ref. No. 1161051953 dated 11.08.2020 vide Ex.C-3 electric water heaters were replaced. As per delivery challan vide ref. No. 11610546569 dated 27.112020 vide Ex.C-4 electric water heaters were replaced. As per delivery challan vide Ex.C-5 on dated 08.09.2022, the newly changed one of the water tank of electric water heater was again leaked . As per Service job Sheet vide Ex.C-6 complaint NO. 2345170 was again raised for water tank leaked newly replaced recently, after a period of 40 days on dated 05.11.2022 the service executive visit at the house of the complainant and they charged Rs.1210/- during warranty period. Lodging of several complaints to Ex.C-2 to 6ipso facto go to prove that the heater in question had a manufacturing defect which was not removed by the opposite parties.
8. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties.
9. Opposite parties Nos.1 to 3, jointly and severally, are directed to refund the 50% of the invoice amount as the complainant has used the above said heater for 4 years.. Taxable amount will not refundable. Opposite parties Nos.1 to 3 are also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alognwith Rs.2200/- as litigation expenses to the complainant. . The complainant is directed to hand over the old heater in question to the opposite
parties after receipt of the copy of the order. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 09.06.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
