By. Sri. Chandran Alachery, Member:-
The complaint is filed Under section 12 of the Consumer Protection Act 1986 for an Order directing the opposite parties to return the cost of gas stove with compensation and cost of the proceedings.
2. Brief of the complaint:- Complainant bought a 2 burner glass top gas stove worth Rs.2,450/- from opposite parties shop. The opposite party offered one year replacement warranty and assured that he will ready to replace the stove if any defects occurs within warranty period opposite party had also given warranty card dated 20.06.2014 to this complainant. While so on 21.12.2014 the gas stove purchased from opposite party blasted and caused injuries to complainant's wife. Immediately complainant informed the incident to the customer care centre mentioned in the warranty card. As per the information received from the opposite party No.2 complainant entrusted the broken gas stove to opposite party No.1's shop. When complainant approached the opposite party No.1's shop on 19.01.2014 they told that they could not replace the gas stove and they repaired it by replacing the glass top and demanded Rs.700/- as service charges. Moreover that opposite party No.1 corrected the date of bill as 11.06.2014 instead of 20.06.2014. According to the complainant this act of the opposite parties are unfair trade practice. So he refused to take back the gas stove. The complaint occurred within the warranty period, so that he is eligible for free service and repair free of cost. Hence filed this complaint.
3. On receipt of complaint, notices sent to opposite parties but they were not present hence they set ex-parte and proceeded with the case.
1. Whether there is any deficiency of service on the part of the opposite parties?
2. Relief and Cost.
4. Points No.1 & 2:- Complainant filed chief affidavit and Ext.A1 and A2 are marked. Ext.A1 is the Quotation (Bill) dated 11.06.2014 for Rs.2,450/- and Ext.A2 is the warranty card. On perusal of Ext.A1 and A2 it is clear that the complaint is within the warranty period. Since opposite parties are ex-parte, Forum found that there is merit in this complaint and opposite parties committed unfair trade practice and complainant is entitled to get refund of the cost of gas stove with cost and compensation. The points are found accordingly.
In the result, the complaint is partly allowed and the opposite parties are directed to pay Rs.2,450/- (Rupees Two Thousand Four Hundred and Fifty) only as cost of gas stove and Rs.2,000/- (Rupees Two Thousand) only as cost and compensation of the proceedings. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 4th day of May 2015.
Date of Filing:22.01.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Rayin (Affidavit) Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Quotation (Bill). dt:11.06.2014.
A2. Warranty Card.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
