BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                               : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 50/2019  Filed on 25/02/2019

ORDER DATED: 15/03/2022

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

1. This is a complaint filed under section 12 of Consumer Protection Act 1986 and the matter stood over to this date for consideration.  After hearing the matter the commission passed an order as follows:
2. The case of the complainant in short is that, he has placed an order for Pigeon three burner gas stove from the opposite party on 28/01/2018 and the same was delivered to him on 17/02/2018.  The product was having 2 year warranty.  On 07/01/2019, when the gas stove was in use, the fire was leaked through one of the knob of the stove and the wife and child of the complainant were frightened and immediately they have switched off the regulator and prevent the spreading of the fire.  After this incident the complainant contacted the 1^st & 2^nd opposite parties and registered a complaint and one of the technician come to the residence of the complainant after 12 days and removed the burner knob and replace the same with an old knob by assuring that immediately on receipt of the stock of new knob the same will be replaced.  The technician advised the complainant to use this stove as there will be no further issues.  Accordingly the complainant started to use the gas stove from the next day morning onwards and to the surprise of the complainant, the glass portion from where the knob was replaced by the technician broken with a loud sound and the glass pieces were spread over the food items which were placed near to the gas stove and the complainant was forced to destroy the food materials.  The complainant informed the incident to the 2^nd opposite party.  The 2^nd opposite party assured that they will provide proper service.  Till the date of filing this complaint the opposite party has not made any arrangement to provide proper service to the product purchased by the complainant from the opposite party.  Alleging deficiency in service unfair trade practice on the part of the opposite parties, the complainant approached this Commission to redress his grievances.  The 2^nd opposite party filed a version denying the allegation raised by the complainant and assured to provide good customer services.  According to the opposite parties rough and tough usage of the product has caused this issue of burning and the same was due to the fault on the part of the complainant.  Another contention raised by the 2^nd opposite party is that the replacement of the product will be done only if there is any manufacturing defect in the product and in the present case it doesn’t seems that the complainant is allowable for any sort of benefit which is claimming for, as there was any manufacturing defect in the product purchased by the complainant, and hence prayed for dismissal of the complaint. 
3. The evidence in this case consists of PW1, Ext.P1 to P6 on the side of the complainant.  The 2^nd opposite party though filed written version not adduced any oral or documentary evidence before this Commission.  1^st opposite party was declared ex parte on 04/10/2019. 
4. Points to be considered:

(i). Whether there is any deficiency in service and unfair trade

practice on the part of the Opposite Parties?

(ii). Whether the complainant is entitle to the relief claimed in the

(iii). Order as to cost?

5. Heard. Perused records.  To substantiate the case of the complainant the complainant himself sworn an affidavit as PW1 and Ext.P1 to P6 produced and marked.  Ext.P1 is the copy of bill dated 28/01/2018.  Ext.P2 is the original warranty card.  Ext.P3 is the original photo.  Ext.P4 is the original photo.  Ext.P5 is the CD.  Ext.P6 series are the OP tickets.  The 2^nd opposite party cross examined the complainant.  Since 20/01/2020 the case is being adjourned for affidavit of 2^nd opposite party.  On 10/03/2020 the 2^nd opposite party sought adjournment and the same was allowed on payment to cost of Rs.250/-.  Till 29/11/2021, the 2^nd opposite party not paid the cost to the complainant and hence the evidence of 2^nd opposite party was closed on 29/11/2021.  As the opposite party has not adduced any oral or documentary evidence, the evidence adduced by the complainant is unchallenged, in view of the fact that nothing could be brought out in cross examination of PW1 by 2^nd opposite party.  In the above circumstances we accept the evidence adduced by the complainant in the absence of any contra evidence from the side of the opposite parties.  In view of the above discussion we find that there is deficiency in service on the part of the opposite parties and the complainant and his family members have suffered mental agony and financial loss.  Hence the opposite parties are liable to compensate the loss sustained by the complainant.
6. In the result the complaint is partly allowed.  The 1^st & 2^nd opposite parties are jointly and severally directed to pay Rs.10,000/- (Rupees Ten Thousand Only) to the complainant along with Rs.2,500/- (Rupees Two Thousand Five Hundred Only) as cost of this proceedings within 30 days from the date of receipt the copy of this order failing which the amount except cost shall carry an interest @ 9% per annum from the date of order till the date of remittance/realization.       

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 15^th  day of March,  2022.

C.C. No. 50/2019

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                                            Sd/-

                                                                                                                    PRESIDENT