O R D E R:
Sri G.K.Rath, President :…
1. This complaint has been filed by the complainant against the opposite parties under Section 12 of the Consumer Protection Act, 1986 .
2. The Complainant purchased a LPG Gas Stove , 2 burner from OP1 on 17/12/2019 for Rs.1600/-. On 25.2.2020, it was found that one burner of the stove as not working and on cleaning the burner, it did not work. On approach , OP1 told some agents of OP2 are coming and selling these stoves to him and as he is not the authorised agent of OP2 , he is unable to help her. OP 1 advised the complainant to contact OP2.
3. The complainant thereafter called the number 08048724770 of OP2 but the number was not responding. She tried her best to call on this number to contact OP2 and for intimating the matter of the defective stove but she failed due to non responding of this number. Thus alleging defects in goods and deficiency in service on the part of the Ops, the complainant has filed this complaint before this honourable Forum/Commission with a prayer to direct the OPs to return the cost of the LPG Stove along with compensation and cost of Rs.20,000/-.
4. OPs were served with the notice of this complaint but despite its service and after giving them sufficient opportunities, the OPs did not put in their appearance to contest this complaint and accordingly they were proceeded against ex -parte.
5. The complainant has led ex-parte evidence in which she had filed Xerox copy of purchase invoice issued by the OP 1 in support of the allegation made by her in her complaint. The complainant has also showed the defective stove.
6. Thus, from the oral as well as documentary evidence produced by the complainant which has gone uncontroverted and un -rebutted on record . We verified the purchase invoice issued by the OP 1 and found that it is an admitted fact that the OP 1 has sold the LPG Stove to the complainant on 17.12.2019 for Rs.1,600/- . We also verified physically the defective stove and found the defects thereon. We have gone thoroughly the complaint petition and heard the statement of the complainant and found that after founding the defects , the complainant approached the OP 1 and thereafter she tried to call on the number 08048724770 of OP2 to intimate the defects of the LPG Stove but due to non responding of such number, she failed to contact and intimate the OP 2 about the defects of the LPG stove.
We are in view that it is the duty and responsibility of each and every manufacturer of the product to keep their toll free number 24 x7 days active to response the grievance and complain of their genuine customer and to provide proper service as per their needs. Then only the aggrieved customers can able to send their grievance and complain and will get proper service. In this case , the number provided by the OP2 did not response the repeated call of the complainant and for which the present complainant became harassed and failed to intimate the defects of the product and also failed to get proper service from OP 2. In our opinion, these inaction of the OP2 amounts to deficiency in service on the part of the OP 2 and he is guilty of deficiency in service.
7. The complainant has successfully established her case against OP2 and proved her case.As we believed the case of the complainant as trustworthy.
8. We observed a consumer purchases goods of a reputed company in order to have the convenience of no early defects. In this case, the Stove is manufactured by a reputed company showed defects after some months of it’s purchase and use . The consumer /present complainant approached OP 2 on its toll free number , but due to non response of this number , she failed to contact the OP 2 and intimate the defects of the stove ... for which the consumer is unhappy. In our view if a consumer like the present complainant is unhappy, then OP 2 being the manufacturer of this product is only liable to compensate the loss for his negligence and deficiency in service.
9. For the foregoing reasons, the instant complaint is allowed and the OP2 is being liable hereby directed to refund the price of the LPG Stove and to pay Rs.3,000/- as Compensation and Rs.2,000/- as cost of litigation to the complainant within 30 days from the date of communication of this order, failing which Rs.100/- will be charged per day till the realization of the awarded amount .
Order pronounced in the open Forum/Commission on this the 25th day of March, 2021.
Sd/- Sd/-
Member President
DCDRC, Nabarangpur
