By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant :-
Complainant had purchased FABER HOB MAXUS HT783 CRS BR CI AI Gas Stove worth Rs. 17,033/- from opposite party No.1 shop. But within 6 months of its use it
got dyfunct. At the time of purchasing the above gas stove, opposite party No.1 assured one year warranty for the above Gas stove. Then complainant had complained about this before the first opposite party and second opposite party, the authorised service centre of the above Gas stove. Then opposite party No.2 came and inspected the Gas stove. After inspection opposite party No.2 said that the burner of the Gas stove had complaints and they will rectify the defects within 15 days by replacing the burner. But both opposite parties did not rectify the defect caused to the Gas stove by replacing the defective burner. So complainant suffered a lot due to the deficiency of service from the side of opposite parties during the warranty period. Hence this complaint.
2. The prayer of the complainant is that he is entitled to get Rs. 17,033/-, the cost of the Gas stove, Rs.1000/- as transportation charge, Rs.20,000/- as compensation, Rs.10,000/- for the deficiency of service from the side of opposite parties and Rs. 1000/- as cost of the proceedings.
3. On admission of the complaint notice was issued to the opposite parties and notice served on them and opposite party No.1 did not turn up. Hence opposite party No.1 set exparte. Opposite party No.2 received notice on 23/06/2022 and through their counsel they filed Vakkalath on 05/08/2022, but version filed not within the statutory period of 45 days. Hence opposite party No.2 also set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A3. Ext.A1 is the copy of temporary cash receipt for installation of the Gas stove given by opposite party No.2 to complainant dated 09/08/2021, Ext.A2 is the copy Tax invoice
given by opposite party No.1 to complainant on 07/07/2021, Ext.A3 is the copy of warranty card given by opposite party No.1 to complainant with their signature and seal on 07/07/2021.
5. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced three documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
6. We allow this complaint as follows:-
- The opposite parties are directed to refund Rs.17,033/-(Rupees Seventeen thousand and thirty three only) the cost of the Gas stove to the complainant.
- The opposite parties are also directed to pay compensation of Rs. 8,000/-(Rupees Eight thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties are also directed to pay Rs. 1,000/-(Rupees One thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 29th day of September, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext.A1 : Copy of temporary cash receipt given by opposite party No.2 to complainant
dated 09/08/2021.
Ext.A2 : Copy Tax invoice given by opposite party No.1 to complainant on
07/07/2021.
Ext.A3 : Copy of warranty card given by opposite party No.1 to complainant with
their signature and seal on 07/07/2021.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
