O R D E R<br /> <br /> A. Rajesh, President<br /> <br /> <br /> The undisputed facts of the case are as follows:<br /> On 18-01-2006 the complainant has purchased a pigeon SSLPG stove of model PG321T from the opposite party for Rs. 2990/-. The stove started showing trouble from the very beginning while lighting the stove, an unexpected explosion occurred and a hissing sound has been carrying out throughout. When the lighter or a lighted match stick is brought near the burner, catching of fire all of a sudden with the bursting sound causes blood pressure rise in respect of persons using it. The sudden spread of fire with the sound is due to the spread of LPG outside the burner and this causes mental strain and even threat to life of the complainant .<br /> The complainant has indicated the defect of the stove to the opposite party. Nevertheless, he did not pay any attention to it. Subsequently she caused to issue a lawyer notice to the manufacturer informing them about the lukewarm approach of the opposite party and hence she demanded replacement of the same. Thereafter a mechanic visited her residence and did some repair, but the same problems are still persisting. Again on 13-09-2006 the complainant has issued notice to the opposite party and manufacturer demanding replacement of the stove. But they turned down her request.<br /> Hence the complainant was constrained to approach this Forum seeking direction to the opposite party for replacement of the stove with a new unit. <br /> 2. Despite service of notice from this Forum he chose to remain absent. The complainant was examined as PW1. Exts. A1 to A5 were marked from her side. After closing the evidence argument note was filed and counsel was heard.<br /> 3. Points that arise for consideration are:<br /> i. Whether the complainant is entitled for replacement of the stove in question or not ?<br /> ii. Compensation and costs.<br /> 4. The complainant has been examined as PW1 and she has not been cross-examined on account of the absence of the opposite party. Her evidence shows that the same had repeatedly been showing complaints in spite of effecting repairs by the opposite party and the manufacturer. It is apparent that there were manufacturing defects in the stove supplied to the complainant. As the stove purchased on 18-01-2006 was defective and was not given proper service even within the warranty period, the opposite party dealer was bound to replace it or set it right in such a condition so that it may give proper performance. The Honourable Supreme Court held that agent/dealer and the manufacturer are jointly and severally liable because the purchaser of vehicle known the dealer and not the manufacturer. The privity of contract is between the dealer and the purchaser. Under the Contract Act dealer or agent would be jointly and severally liable” (Joseph Philiph Mampillil Vs. Premier Automobiles Ltd & another 2004(2) (PR 66 (SC) ).<br /> 5.Point No. ii. By sending Exts. A2 and A3 notices the complainant has provided amble opportunity to the opposite party to rectify the defect or in the alternative to replace the defective product with a new one. Hence the opposite party is liable to pay costs to the opposite party.<br /> In view of the above discussion it is clear that the disputed LPG stove was of sub-standard quality. It is thus clear that the complainant was subjected to much inconvenience and mental strain due to the evasive attitude of the opposite party to cure the defects of the stove. Accordingly we consider it proper to order compensation for deficiency in service from the part of the opposite party. <br /> 6. In view of the above circumstances we are allowing the complaint and direct that the ( i.) Opposite party shall replace the stove in question with a new one of the same price and model along with warranty for one year from the date of replacement. ( ii). Opposite party shall pay compensation of Rs. 1,000/- to the complainant. (ii.) Opposite party shall pay Rs. 500/- to the complainant as litigation cost. <br /> Pronounced in the open Forum on this the 30th day of July 2008.<br /> <br />