Kerala

Thiruvananthapuram

CC/19/162

Vivek S A - Complainant(s)

Versus

MD,Wonder chef home Applinaces (P)ltd - Opp.Party(s)

10 Feb 2023

ORDER

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

CC.NO.162/2019 (Filed on : 04/06/2019)

ORDER DATED : 10/02/2023

COMPLAINANT

Vivek.S.A

S/o.Suresh kumar,

Residing at Souparnika,

TC 1/3334, Elamkulam,

Medical college.P.O

Thiruvananthapuram – 695 011

(Party in person)

VS

OPPOSITE PARTY

The Managing Director,

Wonder Chef Home Appliances Pvt Ltd,

B-Wing, Supreme Business Park,

Unit – 303, Hiranandhini Gardens,

Powai, Mumbai, Maharashtra – 400076

ORDER

SRI.VIJU.V.R                 : MEMBER

1.       This complaint is filed under section 12 of Consumer Protection Act 1986. The brief facts of the case is that the complainant ordered a Wonder Chef Ruby Glass manual gas stove for an amount of Rs.2998/- (Rupees two thousand nine hundred and ninety eight only) through Flip kart on 15/05/2018. The product was delivered to the complainant on 18/05/2018. On the very next day itself the complainant faced an issue of fire in the knob area. The knob got melted off. The complainant informed these things to the opposite party, but there was no response from the side of the opposite party. The gas stove has got two years warranty, but the opposite party has not made any effort to resolve the grievance of the complainant. The act of opposite party amounts to deficiency in service, hence this complaint.

The opposite party entered appearance and filed version. The opposite party contended that the complainant has not registered any complaint regarding the issues faced by him. The complainant has registered a complaint only on 01/02/2019 regarding the issue of the glass stove. Even though the opposite party has provided technician, the complainant was not interested in the visit of technician. The opposite party’s team have been frequently in touch with the complainant and they are ready for replacement or refund of the unit as a good will gesture. But the complainant was not ready to accept the same and he demanded an amount of Rs.10,000/- (Rupees ten thousand only). There is no deficiency in service from the side of the opposite party.

2.       Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

3.       The authorised representative of the complainant has filed proof affidavit and has produced two documents which were marked as Exts.P1 & P2 series. It is evident from Ext.P1 that the complainant has purchased Wonder Chef Ruby Glass manual gas stove for an amount of Rs.2998/- (Rupees two thousand and nine hundred and ninety eighty only) and also on going through the Ext.P2 series it can be seen that the complainant has registered a complaint to the opposite party regarding his grievances. Even though the opposite party has filed version they have not filed proof affidavit nor produced any evidence to prove their case. Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of the opposite party, hence the opposite party is liable to compensate the complainant.

  In the result, complaint is allowed. The opposite party is directed to pay Rs.2998/- (Rupees two thousand nine hundred and ninety eight only) and pay Rs.10,000/- (Rupees ten thousand only) as compensation to the complainant for the mental agony suffered by the complainant and pay Rs.2,500/- (Rupees two thousand and five hundred only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the entire amount except cost carries interest @ 9% per annum from the date of order till 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 Commission, this the 10^th day of February 2023.

 

                                                                                          Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                              Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                              Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

 

 

 

 

Be/

 

 

APPENDIX

CC.NO.162/2019

List of witness for the complainant

PW1                      - Vivek.S.A

List of Exhibits for the complainant

Ext.P1                   - Copy of bill of gas
Ext.P2                   - Notice to opposite party dated 07/12/2018 & 15/01/2019

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

 

 

 

 

                                                                                               Sd/-

PRESIDENT