BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 18/06/2011
Date of Order : 29/07/2011
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 322/2011
Between
K.R. Manoj, | :: | Complainant |
Kanjirathumparambil, Puthiya Road, Thammanam – 682 032. |
| (By authorised representative) |
And
1. Shine Novelties, | :: | Opposite parties |
Cloth Bazar Road, Kochi – 31, 2. Mariago International, Palace Road, Opp. Hint Alco I.S.C. Road, Kuttikkattu Kara, Eloor, Kochi – 683 504. |
| (Ex-parte) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :
On 23-06-2010, the complainant purchased an induction cooker from the 1st opposite party which was manufactured by the 2nd opposite party. At the time of purchase, the 1st opposite party provided one year guarantee for the product. Since the complainant was working in Uttar Pradesh, the complainant could not intimate the mal-functioning of the cooker to the opposite parties. On 18-06-2011, the complainant entrusted the defective cooker to the 1st opposite party for its repairs since the same is not working. The complainant is entitled to get a new induction cooker from the opposite parties. Hence this complaint.
2. Though the opposite parties received the notice from this Forum, they have opted to remain silent for their own reasons. No oral evidence was adduced by the complainant. Exts. A1 to A3 were marked on the side of the complainant. The authorised representative of the complainant was heard.
3. The only point that emanated for consideration is whether the complainant is entitled to get replacement of the defective gadget from the opposite parties? According to the complainant, he purchased the gadget on 23-06-2010 which caused a guarantee for one year. Since the same became defunct, he entrusted the same with the 1st opposite party on 18-06-2011 for replacement evidenced by Exts. A1 and A2. No explanation is forthcoming on the side of the opposite parties to controvert the case of the complainant. There is no reason to disbelieve the case of the complainant. Therefore, we are only to hold that the complainant is entitled to get replacement of the defective induction cooker with a new one with fresh guarantee. Ordered accordingly.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 29th day of July 2011.
