DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB  : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Wednesday the 31^st  day of May 2023

C.C.130/2023

Complainant

          Ashraf

          S/o. Saidu

          Thadathummal House,

          Chathamangalam –P.O,

          Kozhikode – 673 571.

Opposite Parties

1. Manager

          Ajmal Bismi

          3/178 C, City Centre,

          Vandipetta

          Nadakkavu

          Calicut.

2. KCM Appliances Pvt. Ltd.

          Door No.11/125 A,

          Kochi - 683 561.

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

           This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

On 26-01-2023 the complainant purchased an Impex Electric Kettle Steamer from the first opposite party paying Rs.690/-.The product was having warranty of 1 year. On 10-03-2023 the kettle ceased functioning. On contacting the first opposite party, the kettle was repaired and returned after 5 days.But again it ceased functioning. The opposite parties failed to take any positive action to address the concern of the complainant with regard to the kettle. The first opposite party did not attend his calls. Hence the complaint claiming Rs.10,000/- including the price of the kettle.

3. The opposite parties were set ex-parte.
4. The points that arise for determination in this complaint are :

1.      Whether there was any deficiency of service on the part of the opposite parties, as alleged?
2.      Reliefs and costs.

5. The complainant was examined as PW1 and Exts. A1 and A2 were marked.
6. Heard.
7. Point No.1– The complainant has approached this Commission alleging deficiency of service on the part of the opposite parties in the matter of service/repairs of the electric kettle steamer purchased from the first opposite party. The prayer is for compensation of Rs.10,000/- including the cost of the product.
8. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the invoice dated 26-01-2023 issued by the first opposite party. Ext A1 shows that Impex Electric Kettle Steamer was purchased by the complainant paying a price of Rs.690/- on 26-01-2023. Ext. A2 is the copy of the warranty card. The warranty was for 12 months from the date of purchase. PW1 has asserted in the proof affidavit that there was neglect on the part of the opposite parties to repair the kettle in spite of his repeated requests.
9.     The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The complaint to the product arose during the warranty period. The neglect of the opposite parties to repair / service the product that too during the warranty period amounts to gross deficiency of service. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2. The opposite parties are bound to repair the kettle and make it in a sound working condition.  It goes without saying that the act of the opposite parties have resulted in mental agony, hardship and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs.1,000/- will be reasonable compensation in this case.
10. Point No.2 :  In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 130/2023 is allowed in part.  
2. The opposite parties are hereby directed to repair /service the electric kettle steamer of the complainant and make it in a sound working condition, within 30 days of the production of the kettle before the first opposite party.
3. The opposite parties are directed to pay a sum of Rs.1,000/- (Rupees one thousand only) as compensation to the complainant for the mental agony, inconvenience and hardship suffered.
4. No order as to costs.

Pronounced in open Commission on this the 31^st day of May 2023.

Date of Filing: 28-03-2023.

              Sd/-                                                       Sd/-                                                 Sd/-

    PRESIDENT                                            MEMBER                                        MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the invoice dated 26-01-2023 issued by the first opposite party.

Ext. A2 - Copy of the warranty card.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Ashraf (Complainant)

Witnesses for the opposite parties 

Nil.

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    PRESIDENT                                            MEMBER                                        MEMBER

                                                                                                      True copy,

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                                                                                             Assistant Registrar.