SMT M.PADHI, MEMBER…….. The brief history of case is that, the complainant had purchased a Butterfly 2B Glasstop LPG Stove 2 Burner from OP.no.1 for Rs.4900/- on dt.20.11.2015 and obtained retail invoice bearing Sl no.5 along with warranty papers which covers two years warranty. But on dt.11.08.2017 while the complainant using the Gas Stove got burst for which the complainant inflicted some external injury in her hand. So on the next day i.e. on 12.08.17 the complainant rushed to the shop of OP.1 along with the burst gas stove averring the incident and requested to replace the same with a new one but though the OP.1 received the damaged product vide complaint no.B17081200331 and said that he will send the same to the OP.no.2 and would replace the same within one week but for no action or response delivered from the side of both OP.s till date. Since the complainant approached the OP.s for so many occasions requesting for replace or payment of the cost but in vain. Hence she contends that due to the inaction and arbitrary manner of OP.s she sustained mental, physical and financial losses which amounts to deficiency in service, so claimed before the forum for the amount of the so called product along with Rs.15,000/- as compensation and Rs.2000/- as cost.
2. The complainant has appeared and filed her supporting evidence like retail invoice, warranty papers and an affidavit in support of her claim. On the other hand the OP.s neither appeared nor file any counter in spite of several chances in six months of it’s admission. Hence they set ex parte as per Sec.13(2)(b) of the C.P.Act.1986. The complainant heard the case at length in absence of OP.s, so this forum decided to proceed the case as evidences available in record on merit.
3. From the above submissions, it is found that the complainant has procured the Gas stove set on dt.20.11.2015 by paying an amount of Rs.4900/- but while using the same it got burst on dt.11.08.2017 i.e. within valid warranty period of two years and the complainant could luckily save her life inflicting some minor external burning injuries in her hand. So the complainant the very next day approached the OP.1 personally and also approached the OP.2 through OP.1 for replace or cost of the product, but the OP.s neither replaced the product nor heard her requests. As per evidences, submissions filed by the complainant, we are of the view that, the Gas Stove set in question has inherent problem and the OP.s provided a non branded Gas Stove set to the complainant for a huge price and also failed to provide service to the complainant within warranty period. Thus the complainant sustained mental and physical injuries, also inflicted financial losses and valuable times due to the negligence, arbitrary and unfair practices of OP.s hence she prayed for compensation.
4. It is found that, in spite of service of notice of this forum the OP.s neither appeared before this forum nor taken any steps to solve the instant matter of complainant and there is nothing to decline the contentions of complainant on non-appearance, counter and evidences by the OP.s, hence we feel that the action of OP.s is highhanded and unfair which amounts to deficiency in service and hence they found guilty under the benevolent legislations of the C.P.Act 1986.
ORDER
i. The opposite parties 1 & 2 supra are severally & collaterally hereby directed to pay the price of Gas stove set in question i.e. Rs.4900/- (Rupees Four thousand & Nine hundred) in place of the alleged damaged Gas stove set, inter alia, to pay Rs.15,000/-(Fifteen thousand) as compensation and a sum of Rs.2000/-(Two thousand) towards the cost of litigation to the complainant.
ii. All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 09th day of April' 2018.
MEMBER MEMBER PRESIDENT,DCDRF,
Memo No_______________DF Dt………………………
Copy to the parties concerned.
PRESIDENT, DCDRF,
NABARANGPUR
