By. Sri. K. Gheevarghese, President :-
 

The complaint filed under section 12 of the Consumer Protection Act. 1986.

The complaint in short is as follows:- The Complainant purchased an Impex Induction Cooker from the Opposite Party's shop. While purchasing the induction cooker the Complainant was given an instruction manual. The Cost of the induction cooker was Rs.2,990/- and the function of induction cooker found to be not in ally with the instructions of the manual.  The specifications of usable and unusable item are detailed in the instruction manual. The Complainant when tried to cook food in the cooker using this induction cooker it was not working. The Opposite party was contacted and informed of the defect. Apart from that the stipulations in the instruction manual were not absolutely complied. The Complainant demanded for the refund of money on finding that the induction cooker could not be worked as per the directions of the instruction manual and the Opposite Party was not ready for it. There may be an order directing the Opposite Party to take back the induction cooker refunding the cost Rs. 2,990/- along with cost and compensation.

2. The Opposite Party filed version in short it is as follows. The 1^st Opposite Party admitted the sale of the induction cooker. It is pleaded that the complaint is bad for the non joinder of necessary party and subsequently the 2^nd Opposite Party is impleaded. The induction cooker can be activated in using certain materials which are detailed in the instruction manual supplied along with the instrument. The contention of the Complainant itself shows that the cooker is in working condition. The Complainant brought to the Opposite Party an another cooker claiming that the cooker sold to him was that and it was not working as the directions in the manual. The Opposite Party was not ready to replace the cooker which was brought by the Complainant for substitution. If any complaint is there in the processing of the induction cooker. The 1^st Opposite Party is ready to rectify and the complainant was also given warranty of one year. In case of any defect in the induction cooker it would be rectified. The allegation of the Complainant to get the induction cooker in working condition is against any reason baseless and cannot be considered. The Opposite Party has not done any unfair trade practice and in effect claim of the Complainant for the refund of the money is to be dismissed with cost.

3. Upon the petition was filed by the Complainant, the 2^nd Opposite Party and the 3^rd Opposite Party was impleaded. The 3^rd Opposite Party filed version. The contention of the 3^rd Opposite Party is that the pressure cooker said to be used by the complainant is not made of stainless steel. The instruction manual given to the Complainant contains the instruction regarding the use of induction cooker and the type of materials that can be used for cooking. The manufacturer of the induction cooker had given the warranty of one year and anything contrary is absolutely false. The warranty starts from the date when the cooker is purchased and it extend to one year. The cooker purchased by the Complainant is free from any defect. The complaint is to be dismissed with cost.

4. The Opposite Party filed additional version. The allegation of the Complainant that the instruction manual contains hotpot function but it was not seen in the induction cooker purchased by the Complainant is correct. The instruction manual is given for all the impex induction cooker the model supplied to the Complainant does not consists hotpot function. At the time of purchase, the Complainant was informed of that hotpot function was available to those cooker which are in high range.

5. The points in consideration are:-

1. Whether any deficiency on the part of the Opposite Parties?

2. Relief and cost.

6. Points No.1 and 2:- The evidence in this case consists of proof affidavit Exts.A1 to A6 are the documents filed for the Complainant. The 1^st Opposite Party filed answers to the interrogatories which are also considered on the part of the evidence.

7. The allegation of the Complainant is that the cooker which is in make of stainless steel and in his possession found to be not working in the induction cooker. When the pressure cooker was placed on the induction cooker the signal 8 is shown. According to the Complainant the stainless steel metals are enabled to be used for cooking using the induction cooker. The Opposite Parties supplied pressure cooker at the time of selling induction cooker to the Complainant. The strict compliance of the instruction manual required to be in the use of the induction cooker according to the Opposite Parties. The Opposite Parties were ready to demonstrate in order to patch up the dispute. The function of the induction cooker using the stainless steel pressure cooker and the pressure cooker containing the aluminium was also demonstrated by the technician of the Opposite Parties. The function of the induction cooker was demonstrated using stainless steel bottles. Ext.A3 is the instruction manual which details the usable pans and non usable pans in page 9. Towards the end of the instruction manual one year warranty serial number and model number is seen noted. The contention of the Complainant that the warranty is not given is incorrect. The cooker supplied to the Complainant appraises with its own technology for working. The specification of the instruction manual is the guidelines for the consumers in using the gadget. We are in the opinion that the impex induction cooker supplied to the Complainant is not having any manufacturing defect if the specifications are followed in usage. The contention of the complaint cannot be considered.

In the result, the complaint is dismissed. No order as to cost.

Pronounced in open Forum on this the day of 30^th January 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Parties:

Nil

Exhibits for the Complainant:

A1. Copy of Instruction manual.

A2. Copy of Instruction manual.

A3. Instruction manual.

A4. Copy of Sale Bill. dt:02.07.2009

A5. Copy of Letter. dt:03.07.2009.

A6. Copy of Acknowledgment

Exhibits for the Opposite Parties:

Nil.