Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                    Complaint No. : 608

                                                                    Instituted on     : 14.10.2022

                                                                    Decided on      : 06.07.2023

Vinod Kumar S/o Sh. Mahabir Prasad R/o H.No. 1915/5 Old Anaj Mandi, Pech Paras Ram, Rohtak, Haryana.

                                                                             ………..Complainant.

                                                Vs.

Stove Kraft Limited Registered Address 81/1, Harohalli Industrial Area, Bangalore, Karnataka, 562112.

                                                                           ……….Opposite party

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER

Present:       Complainant in person.

Opposite party exparte.

                             ORDER

VIJENDER SINGH, MEMBER:

1.                Brief facts of the case as per complainant are that he had purchased a gas stove(Pigeon by Stove Kraft Favourite Glass Top 2 Burner Gas stove, Manual ignition(Black) B010FOU1D6) on dated 15.05.2022 from Amazon India having 2 years warranty. It is further submitted that from the past some time, there is a gas leakage from the burner and sometimes it got fire near the switch area. On 10.10.2022 he made a complaint vide compliant Id 2527035. On 12.10.2022, complainant inquired about the status of his complaint through call and he was given the number of Rohtak customer service centre. Complainant called the service centre and he was told that the service person will come by evening. But despite repeated calls, he did not give any response despite the fact that the product was within warranty period.  It is further submitted that the problem pertains to gas leakage which can cause harm to his family. Hence this complaint and it is prayed that opposite party may kindly be directed to get his product replaced or to provide the refund of Rs.2200/- and also to provide the compensation of Rs.20000/- for deficiency in service to the complainant.

2.                Notice of the present complaint was issued to opposite party through registered post. As per the tract report submitted by the complainant, item delivery was confirmed but none came present on behalf of opposite party. Hence opposite party was proceeded against exparte vide order dated 20.12.2022 of this Commission.  

3.                Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, document Ex.C1 to Ex.C8 and closed his evidence on 03.03.2023. 

4.                We have heard the complainant and have gone through material aspects of the case very carefully.

5.                Perusal of the bill Ex.C1 itself shows that complainant had purchased a Gas Stove from the opposite party for a sum of Rs.2200/- on dated 15.05.2022 with two years warranty on burner, glass and valve which is proved from Ex.C2. As there was defect in the alleged gas stove, so as per Ex.C4, complainant registered a complaint  on dated 10.10.2022. Thereafter, complainant made repeated calls to the service centre on 12.10.2022 & 13.10.2022, which is proved from the call logs attached with Ex.C4. But no response was given by the opposite party. Complainant also sent an email sated 13.10.2022 but his gas stove was not repaired by the opposite party. Hence after sale service has not been provided by the opposite party to the complainant. On the other hand, opposite party did not appear despite service. As such it is presumed that opposite party has nothing to say in the matter and all the allegations leveled by the complainant against the opposite party regarding non-repair of gas stove during warranty period stands proved.  Hence there is deficiency in service on the part of opposite party and opposite party is liable to compensate the complainant.

6.                In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to refund the price of gas stove i.e. Rs.2200/-(Rupees two thousand two hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 14.10.2022 till its realization and also to pay Rs.6000/-(Rupees six thousand only) as compensation on account of deficiency in  service as well as litigation expenses to the complainant within one month from the date of decision.

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

06.07.2023.

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          Tripti Pannu, Member.

                                                                        ……………………………….

                                                                        Vijender Singh, Member.