Sri. P. Satheesh Chandran Nair (President):

                The complainant filed this complaint u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.

2.     The case of the complainant is as follows.  The complainant purchased the Butterfly Gas Stove from the opposite party as per invoice No. 1-004955 dated 21/12/2015 by paying an amount of             Rs. 6,900/- by the said invoice.  When the Gas Stove was showing some defect the complaint intimated this fact to the 1^st opposite party, but 1^st opposite party failed to rectify the defect.  The complainant again informed this matter to the 1^st opposite party so that sent a service agent to the complainant but the defect has not been rectified.  Due to the latches or negligence attitude of the opposite party the complainant was compelled to purchase a new stove for his daily use.  The complainant issued legal notice to the opposite parties on 16/06/2017, though the opposite parties received the notice they failed to redress the grievances of the complainant.  Hence, this case to direct the opposite parties to provide a new Gas Stove of the same brand, compensation cost etc, etc.,

             3. This Forum entertained this complaint and issued notice to opposite parties for their appearance.  Though the opposite parties received the notices of this Forum they did not appear before this Forum which was scheduled on 27/09/2017.  Hence the 1^st and 2^nd opposite parties were set ex-party by this Forum.

           4. Since the opposite parties are declared ex-party this Forum raised the following issues for consideration. 

1. Whether the opposite parties committed any deficiency in service as alleged.
2. Regarding the relief and cost.

                     5. In order to prove the case of the complainant, the complainant’s authorized agent who conducted the case before this Forum. The complainant who authorized one Girish Kumar as her agent and he who filed a proof affidavit in lieu of his chief examination and examined him as PW1. Through PW1, Ext.A1 to A7 were also marked Ext. A1 is the retail invoice bill No.1-004955 dated: 21/12/2015.  Ext. A2 is the legal notice dated: 16/06/2017.  Ext. A3 is the postal receipt dated: 19/06/2017.  Ext. A4 is the Acknowledgement Card.  Ext. A5 is the letter from postal superintendent dated: 11/07/2017.  Ext. A6 is the warranty card.  Ext. A7 is the authorization letter. After the closure of the complainant’s evidence we heard the complainant.

          6. Point No. 1 & 2 :- For the sake of convenience we would like to consider Point No 1 & 2 together.  The complainant’s authorized agent he who examined as PW1 deposed more or less as per the tune of his complainant.  PW1 deposed that he purchased a Butterfly Gas Stove on 21/12/2015 from the 1^st opposite party by virtue of a cash bill for an amount of Rs. 6,900/-. When the Gas stove showed certain complaints, several times he informed the opposite parties to rectify the mistake even then they failed to rectify the defect of the Gas Stove.  In order to prove the purchase of the Gas Stove he produced and marked Ext.A1 Cash bill for an amount of Rs.6,900/-.   Ext.A2 to A4 proved that the complainant PW1 issued legal notice to both opposite parties and they received the notices.  Ext. A5 is a letter issued by superintendent of post office to the complainant on 11/07/2017 stating that Ext.A2 legal notice delivered to 2^nd opposite party on 21/06/2017 Ext. A6 is a warranty card of the Gas Stove in favour of the complainant.  It shows that the article was sold to the complainant on 21/12/2015.  The complainant deposed that as per Ext. A6 the complainant is enjoying a warranty for 2 years.  It so the defect occurred to the Gas Stove with in the period of warranty.  Ext. A7 is an authorization letter issued by the complaint dated nil to PW1 one Girish Kumar to do necessary things needed for conducting the complainant.  On the basis of the evidence discussed above we would have to believe the contention raised by PW1 in this case.  The 1^st and 2^nd opposite parties are declared ex-party since the evidence adduced by PW1 is unchangeable as far as this case is concerned.  When we peruse the evidence of document apart from other evidence before us it is clear that the complainant informed the defect of the Gas Stove several times in person and by other means apart from legal notice.  Even then opposite parties are failed to attend the complainant or redress the grievances of the complainant.  We also find that the opposite party one is the dealer of the Gas Stove and 2^nd opposite party is the manager of the customer care unit related to the Gas Stove in question.  Therefore 1^st and 2^nd opposite parties are jointly and severely liable to the complainant.  Therefore point no. 1 & 2 are found in favour of the complainant.

            7.   In the result we pass the following order.

1. The opposite parties are here by directed to provide a Gas Stove of the same brand which is described in Ext A1 or refund the price of the Gas Stove Rs.6,900/- (Rupees Six Thousand Nine Hundred only) to the complainant within one month of the  receipt of this order if fails opposite parties are liable to pay an interest of 10% to the said amount from the date of order onwards.
2. The opposite parties are also direct to pay a compensation of Rs.10,000/-(Rupees Ten Thousand only) and a cost of Rs.2,500/- (Rupees Two Thousand and Five Hundred only) to the complainant with 10% interest from the date of receipt of the order onwards.               

          Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30^th  day of October, 2017.

                                                                            (Sd/-)

                                              P. Satheesh Chandran Nair,

                                                             (President)

Smt. Sheela Jacob (Member)  :   (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Girish Kumar

Exhibits marked on the side of the complainant:

A1 :  Retail invoice bill No.-1-004955 dated:21/12/2015.

A2 :  Legal notice dated: 16/06/2017.  

A3 :  Legal notice dated: 16/06/2017.

A4 :  Acknowledgement card.

A5 :  Letter from postal superintendent dated: 11/07/2017.

A6 :  Warranty card.

A7 :  Authorization letter.

Witness examined on the side of the opposite parties:Nil

Exhibits marked on the side of the opposite parties:Nil

                                                                                          (By Order)

Copy to:- (1) Elizabeth Simon,

                    Aruvickal House,       

                    Ranni, Pathanamthitta.

    (2) The Proprietor,

                     Mini Super Shoppe,

                     Pazhavangadi P.O, Ranny – 689673.

3. The Manager,

                         Customer Care,

                         Butterfly Gandhimathi Appliances Ltd.,

                         143, Pudupakkam Village,

                         Kelambakkam, Vandalur Road,

                         Kancheepuram District, Tamil Nadu – 603103.

4. The Stock File.