DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 31^st  day of October, 2023

Present :  Sri.Vinay Menon V. President

                :  Smt. Vidya.A., Member

      :  Sri. Krishnankutty N K, Member

                  Date of filing: 30.06.2023

CC/168/2023

Mubashira R

Rahmathullah, 30/654/3,                - Complainant

    Kadhija Vilya, Trippunagar,

Chandanamkurissi

Nurani P.O, Palakkad

678 004.

(Party in person)

                 V/s

Authorised Signatory     -         Opposite Party

Yemkay Home Appliances

V&T Arcade, 16/63(27)

Kalmandapam Junction

Palakkad Dist.

(Ex-parte)

O R D E R

Prepared by Smt Vidya A, Member

• Pleadings of the complainant in brief

Complainant purchased a Table Top Gas Stove from the opposite party with brand name PIGEON LPG HOB SPARK IND 3B on 21/02/2022. The product has 1¹/₂ year warranty. One day the glass top of the gas stove broken down of its own in the night when it is switched of after use.   The complainant informed about this to the opposite party in person and through phone.  The opposite party did not inform the complainant that the glass top has no warranty. A technician from   ‘PIGEON’ company  attended the problem and informed that if the complainant is ready to pay the cost of the glass,they are ready to replace it. Eventhough the complainant agreed to this, they did not follow up the matter or rectify the defect. Complainant informed the matter to the opposite party; but they did not take any initiative to resolve the issue.

So this complaint is filed (1)  for directing the opposite  party to provide a new gas stove (2) To pay Rs 30,000/- as compensation for the mental agony and financial loss suffered and to pay the cost of the proceedings.

•  After admitting complaint, notice was issued to the opposite party. Eventhough vakalath was filed on behalf of the opposite party, they did not file version and was set ex-parte.
•  Complainant filed Proof affidavit and Exts A1 & A2 marked.

 Ext A1 is the original invoice issued by the opposite party dated 21.02.22  showing the purchase of 6 items of which 4^th item is the product in       question.

Ext A2 is the photograph of the broken glass top of the Gas stove.

• Complainant’s contention is that glass top of the stove with 1¹/₂ year warranty broken of it own in the night when it is switched off after use. She produced the photograph of the broken stove.
•  Complainant further contended that first she informed about the issue to the opposite party and then she  approached the company. ‘PIGEON for rectifying the defect. A technician from the company visited complainant’s house and informed that if the complainant is ready to pay the cost of the glass, they are ready to repair it. Even though the complainant agreed to this, they did not rectify the defect. The complainant informed about this to the opposite party, but they also did not do anything to resolve the issue. It is a Deficiency in Service on their part. The new gas stove which the complainant purchased on 21/2/22 became defective within warranty period itself and the opposite party, being the dealer is liable to contact the manufacturer to cure the defect/replace the product.
•  Since the opposite party did not appear or file version, they were set exparte. So there is no better evidence  than the ones produced by the complainant.
•  The act  of the opposite party has caused mental agony and financial loss to the complainant and they are liable to compensate the complainant for that .

In the result the complainant is allowed

• We direct the opposite party to replace  gas stove with a new one of the same specification  within one month of the receipt of the copy of the order or in the alternative  to pay Rs 9000/- being its cost.
• We further direct them to pay Rs 5,000/- for their Deficiency in  Service,      Rs 5000/- as compensation for the mental agony & financial loss and               Rs 2000/- as cost of litigation.

The above amounts are to be paid within 45 days of receipt of this order,failing which the opposite parties are liable to give Rs.250/-as solatium  per month or part thereof till the date of payment.

Pronounced in open court on this the 31^st  day of October, 2023.

         Sd/-                         Vinay Menon V

                                       President

        Sd/-

Vidya.A

                      Member