MRS. FIROZA KHATOON, PRESIDENT
The case of the complainant is that he purchased a ‘Microwave Oven’ from opposite party no.1 on 27.05.2019 on payment of Rs.24,500/- (Rupees twenty four thousand five hundred) only through NEFT from his account. After demonstration of Demo of the said Microwave Oven by one engineer of opposite parties, when the complainant was using the same for preparing some food, the machine got too heated and ultimately stopped functioning. The complainant made complaint immediately. On 28.09.2019 one engineer visited and checked the Microwave Oven and stated that product is defective and he would try to resolve it but till date his complaint has not been addressed by the opposite parties. Thereafter on 11.11.2019 the complainant sent a letter to opposite parties requesting to replace the defective Microwave Oven, but in vain. The act on the part of opposite parties is clearly deficiency in service. Finding no other alternative the complainant filed this case seeking relief.
Notices were duly served upon both opposite parties.
Opposite party no.2 the manufacturer of the Microwave Oven appeared on 17.03.2020 through his authorised representative but not filed any written version in this case. Opposite party no.1 has not appeared in this case. So, the case was fixed to be decided ex-parte against opposite party no.1.
Points for determination
- Is the complainant a consumer in terms of Consumer Protection Act, 2019 ?
- Has the commission jurisdiction to try the case ?
- Is the case barred by limitation ?
- Is the complainant entitled to get relief as prayed for ?
Decision with reasons
In order to prove the case the complainant submitted his evidence on affidavit. The document in evidence submitted by the complainant are mentioned as below:-
- Photocopy of invoice dated 27.05.2019 of Rajlaxmi Kitchen Art is marked Document no.-1;
- Photo copy of bank statement of complainant is marked Document no.-2;
- Photo copy of warranty is marked Document no.-3;
- Photo copy of e-mail is marked Document no.-4 (4 pages).
Point nos. 1 to 3
For the sake of brevity and convenience all the three points are taken up together for consideration and discussion.
From document no.1 & 2 it is vividly clear that the complainant has purchased a Microwave Oven from opposite party no.1 on 27.05.2019 on payment of Rs.24,500/- (Rupees twenty four thousand five hundred) only.
Therefore the complainant is a consumer in terms of the section 2(7) of the consumer protection act, 2019.
Moreover we find that the instant case has been filed on 27.01.2020 by the complainant. Therefore, the case is not barred by limitation.
On further scrutiny of the record we find that this Commission has territorial and pecuniary jurisdiction to try the case.
Therefore, all the three points are decided in favour of the complainant.
Point no.4
From document nos.1 & 2 it is crystal clear that the complainant has purchased a ‘Microwave Oven’ from opposite party no.1 on 27.05.2019 on payment of Rs.24,500/- (Rupees twenty four thousand five hundred) only as consideration amount of the same. The opposite party no.2 is the manufacturer of the said Microwave Oven.
From document no.3 it reveals that the warranty period of the said Microwave Oven is one year from the date of purchase.
From document no.4 we find that on 28.08.2019; 29.08.2019; 28.10.2019 the complainant made complaints with the opposite party no.2 but to no effect.
The opposite party no.2 vide its reply through e-mail dated 30.08.2019 and 11.09.2019 promised to provide service but the complainant has categorically stated that the complaint made by him not addressed by the opposite parties.
It is apparent from the evidence that the entire episode was within the warranty period. The complainant alleged that till date the Microwave Oven is lying defective.
The complainant by his un-rebutted and unchallenged evidence has proved his case beyond shadow of doubt.
Having considered the discussion made above we are of the opinion that the complainant has proved his case and is entitled to get relief as prayed for.
Thus point no.4 is decided in favour of the complainant.
Hence, it is
O R D E R E D
that the complaint case be and the same is allowed ex-parte against the opposite parties with cost.
that the opposite parties are directed to replace the defective Microwave Oven with a new Microwave Oven of same specification either jointly or severally within one month from the date hereof in default to refund sum of Rs.24,500/- (Rupees twenty four thousand five hundred) only to the complainant along with 12 % interest from the date of filing of the case i.e. on and from 27.01.2020 till payment.
that the opposite parties are directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only to the complainant either jointly or severely within one month from the date hereof, in default to pay interest @12% per annum till payment.
Dictated & corrected by me
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President
