IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM

Dated this the 26^th day of July,  2023

Present: Sri. Manulal. V.S, President

Smt. Bindhu.R, Member

Sri. K.M. Anto, Member

CC No. 228/2021 (Filed on 04/10/2021)

Complainant                                     :                  Suresh Kumar G.

                                                                   S/o. Gopalakrishnan Potti,

                                                                   Pisharathumadam,

                                                                   (Thiruvathira)

                                                                   Kudavechoor P.O.

                                                                   Kottayam - 686144

                                                                   (Adv. Chandramohan V.)

                                                                                        Vs.

Opposite parties                              :           1.     Manager,

                                                                   Life Cook Sales and Service

                                                                   Parampayam Desam

                                                                   Angamali – 683 102

                                                             2.     Praveen,

                                                                   Sales Representative

                                                                   Life Cook Sales and Service

                                                                   Parampayam Desam

                                                                   Angamali – 683 102

                                                 O R D E R

Sri. K. M. Anto, Member

         The complaint is filed under section 35 of the consumer protection Act 2019.

The brief of the complainant’s case is as follows. The complainant purchased a gas stove named Mr. Cook from the opposite parties on 29/04/2021 for Rs.17,400/-. The opposite parties promised that the gas stove is having 15 years replacement warranty. The fire occurred while using the gas stove for cooking on 12th August due to a Gas leak through the on button and regulator. The complaint was immediately reported to the sales staff of the first opposite party. After repeated complaints, on August 15^th a service engineer of the first opposite party came and inspected the Gas stove. The service Engineer remarked that it was not possible to rectify the defects of the Gas stove.

The complainant requested replacement of the defective Gas stove, but the

opposite parties failed to take any favourable actions. The act of the opposite parties caused much mental agony and financial loss to the complainant. This complaint is filed for getting a refund of the amount of Rs.17,400/- the cost paid by the complainant along with a compensation of Rs.30,000/- for the mental agony and sufferings.

On admission of the complaint, copy of the complaint was duly served to the opposite parties. The opposite parties neither cared to file their version or to

appear before the commission to defend their case. The opposite parties were set exparte.

The complainant filed proof affidavit and marked documents Exhibits A1 and A2.

On the basis of the complainant and evidence adduced we would like to consider the following points.

1) Whether there is deficiency in service on the pat of the opposite parties?

2) If so, what are the reliefs and costs.

Ongoing through the complaint and evidence on record it is clear that the Complainant had purchased a Gas Stove from the first opposite party on 29/04/2021 for a consideration of Rs.17,400/-. The Gas stove became defective on 12^th August 2021.

Ext A1 is the cash bill issued by the second opposite party on 29/04/2021 for the purchase of the Mr. Cook Gas stove for a total amount of Rs.17.400/-.with

15 years replacement Warranty.

Ext A2 is the User’s Manual and Warranty card for Life Cook products issued on 29/04/2021 for the Product Gas Stove with Model Classic LCLX017.

Ext A2 provides a warranty against defective material and workmanship for a period of 12 months from the date of purchase.

The Gas stove became defective on 12th August and the first opposite party

failed to provide the Service under warranty within the Warranty period. The first opposite party failed to adduce any evidence to defend their case. The act of the first opposite party in not rectifying the defects of the Gas Stove within the Warranty period upon intimation by the complainant is deficiency in service on their part. The complaint is allowed and we pass the following orders.

1.  The first opposite party is directed to pay Rs.17,400/- (Rupees Seventeen thousand and four  hundred only) to the complainant.
2.  The first opposite party is directed to pay Rs.5,000/-(Rupees Five thousand only) as compensation for mental agony and sufferings with cost Rs.1000/- (Rupees Thousand only) to the complainant.

The order shall be complied within 30 days from the date of receipt of the copy of this order, failing which the award amount will carry 9% interest from 04/10/2021, the date of filing of the complaint till realization.

Pronounced in the Open Commission on this the 26^th day of July, 2023

Sri. K.M. Anto, Member                Sd/-

Sri. Manulal. V.S, President            Sd/-

Smt. Bindhu.R, Member                 Sd/-

Appendix

Exhibits marked from the side of complainant

A1 – Cash bill dtd.29-04-21 for Rs.17,400/- issued by Pravasi Distributors

A2 – User’s manual and warranty card issued by opposite party

Exhibits marked from the side of opposite party

Nil

                                                                                                By Order

                                                                             Assistant Registrar