DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the  31^st day of May, 2023 

Present      :   Sri. Vinay Menon V., President

                  :  Smt. Vidya A., Member                        

                  :  Sri. Krishnankutty N.K., Member                                Date of Filing: 17/02/2022  

                         CC/34/2022

Rajendran S

S/o. Late P. Krishnan,

Sivakripa, Parayankode,

Chittur (PO), Palakkad – 678 101                                     -                       Complainant

       (By Adv. Ullas Sudhakaran)

                                                                                                Vs

1. MP’s Trading Corporation,

Rep. by Managing Director,

Door No.P.P.11/368, VP Complex,

Poovattuparamba, Calicut – 673 008.

2. Mullakal Home Appliances,

Rep. by Proprietor,

Near HDFC Bank, 5/1207, 1208,

A.R. Complex, Main Road,

Koduvayur, Palakkad – 678 501                      -                       Opposite parties

             (OP1 by Adv. M/s Muhammed Akbar P. & Adarsh M.V.

              OP2 Exparte)

O R D E R

By  Sri. Vinay Menon V., President

1. Complaint pleadings relates to the malfunctioning of a stove purchased by the complainant. Complainant purchased a 3 burner stove manufactured by OP1 and sold by OP2. Within 4 months of purchase, while the stove was in warranty period, it malfunctioned and leaked and the fire emerged through the knob. Complainant’s wife escaped unharmed, but was in a state of shock. The gas stove suffered from manufacturing defect. Aggrieved thereby this complaint is filed.
2. OP1 failed to file version within the statutory period. OP2 did not have proper representation and was set exparte. Hence the proceedings were conducted exparte.
3. In the absence of any counter pleadings it is only necessary that the complainant proves a prima facie case.
4. Complainant filed proof affidavit and marked Exts. A1 to A5. The Advocate Commissioner who inspected the stove filed a report and an additional report which were marked as Exts.C1 and C2.  
5. Ext.A1 invoice proves that the stove was purchased on 7/8/2021.  As per Ext.A2 warranty card cum user manual the unit has a warranty of 5 years from original date of purchase. Ext.A3 notice proves that the unit developed leak even before 31/12/2021, which is the date on which the Ext.A3 notice was prepared.
6. In order to prove their case the complainant had taken out an Adv. Commissioner. Reports of the Adv. Commissioner were marked as Ext.C1 & C2.  In page 3 of Ext.C1, line 12 to 19 is reproduced as herein below:

“On my inspection I could see relatively less flame coming from one of the knobs of the stove which indicates that there might be a chance for leakage of gas from one of the built in pipes connected to the knobs of stove which transmits gas cylinder to the burners of the stove”(sic). 

7. In Ext.C2 additional report, the Commissioner reports from line 10 in page 2  as follows:

“The leakage of gas from one of the built in pipes was figured when the hose pipe from cylinder was dipped in water, I could see clear water bubbles coming out from one of the hose pipe, which I suppose is an ideal indicative of leakage of gas from one of the built in pipes connected to the knobs of the stove which transmits gas from cylinders to the burner of the stove”(sic).

8. A conjoint reading of Ext.A1, A2, C1 & C2 would conclusively prove a prima facie case that within months of purchase of the stove, the stove has developed leakage, and that too one fatal in nature.
9. Therefore this complaint is allowed on the following terms.

1.  The opposite parties shall repay the price of Rs.11,800/- to the complainant together with interest @10% from 7/8/2021 till date of payment.
2. The complainant is entitled to a compensation  of Rs.30,000/-
3. The complainant is entitled to a cost of Rs.25,000/-
4. Opposite parties 1 & 2 are jointly and severally liable to pay this amount to the complainant within 45 days of receipt of this order failing which the complainant shall be entitled to a solatium of Rs.500/- per month or part thereof from the date of this order till date of final settlement of the aforesaid amounts.

              Pronounced in open court on this the 31^st day of May, 2023.        

                                                                                           Sd/-

                                                                                                Vinay Menon V

                                                      President

                                                             Sd/-

   Vidya.A

                       Member        

       Sd/-                                                         Krishnankutty N.K.

                                                                                                      Member

APPENDIX

Exhibits marked on the side of the complainant :   

 Ext.A1 – Original invoice dated 7/8/2021

Ext.A2 – Original warranty card

Ext.A3 series – Lawyer’s notice & Postal receipt

Ext.A4 – Acknowledgment card of OP1

Ext.A5 – Acknowledgment card of OP2

 Exhibits marked on the side of the opposite party:   Nil

Court Exhibit: 

Ext.C1 – Report dated 20/2/2023 filed by Advocate Commissioner

Ext.C2 – Unsigned Additional Report dated nil  filed by Advocate Commissioner

Third party documents:  Nil

Witness examined on the side of the complainant: Nil

Witness examined on the side of the opposite party:  Nil

Court Witness: Nil

NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.