IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 31th day of January, 2018.
Filed on 19/09//2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.255/2017
Between
Complainant:- Opposite Parties:-
Sri.Biju Joseph 1. Good Morning Enterprise
Thekkummuriyil Ababel Complex, Near Iron Bridge
S.L.Puram.P.O C.C.S.B.Road ,
Cherthala- 688523 Alappuzha-688011
2. L.G.Electronic India P.Ltd,
A-Wing IIIrd Floor,
D-3, Disrict Center, SAKET
New Delhi-110017
ORDER
SRI. ANTONY XAVIER (MEMBER)
The complainant’s case in precise is as follows:-
The complainant on 19th August 2017 purchased a double door refrigerator for an amount of Rs.25750/- (Rupees twenty five thousand seven hundred fifty) from the opposite party. The refrigerator was brought to the complainant’s residence by the opposite party’s two personnel, and when the refrigerator’s door was opened an unusual sound was being heard from the fridge. The same was brought to the notice of the personnel. They impressed upon the complainant that such sort of sound was not uncommon so far as brand new refrigerator is concerned. After two hours of the personnel’s leaving, the refrigerator was switched on, and it appeared that water was dripping from the upper door of the refrigerator. The complainant contacted the opposite party over phone and impressed upon this aspect to them. The opposite party told the complainant that they were busy with Onam sale, and would attend the refrigerator after Onam. With the passage of Onam, the complainant over again contacted the opposite party, and a technician from LG Service came over, examined the refrigerator, took photographs, and impressed upon the complainant that the repair work of the refrigerator could be effected only after detaching the refrigerator’s door. The complainant approached the opposite party, demanded replacement of the instant refrigerator instead of repairing the same. However the opposite party is getting away from replacing the damaged refrigerator on one pretext or other. According to the opposite party there are cumbersome formalities for replacing the instant gadget. The complainant got aggrieved on this approached this Forum for compensation and relief.
2. Though notice was served the opposite party did not make it a point to turn up before this Forum and challenge the complainant’s case. With the result, the opposite party was set ex-parte.
3. The evidence of the complainant consists of the testimony of the complainant himself as Pw1, and the documents of the Exts. A1 and A2 were marked.
4. Keeping in view the contentions of the parties the issues that come up before us for consideration are:-
- Whether the refrigerator sold out by the opposite party to the complainant is defective?
- Whether the opposite parties committed deficiency of service?
- Whether the complainant is entitled to any relief?
5. Keeping in view the contentions raised by the complainant we meticulously examined materials brought on record by the complainant. The complainant’s specific case is that the complainant purchases a refrigerator from the opposite party for an amount of Rs.25750/-. The same day itself the material gadget showed some sort of hiccups. The opposite parties’ service man impressed upon the complainant that the refrigerator needed patched up, and for the same the gadget’s door was to be removed. When the opposite party was approached, though they promised to resolve the complainant’s grievance, they eluded from keeping their word. The complainant realized that the refrigerator has been suffering from inherent defect. The complainant filed proof affidavit and produced documents that lend support to the complainant’s specific case. Thus going by the materials available before us in its entirety on record we are of the considered view that the complainant’s case merit acceptance. Moreover, as we have already observed the opposite party was reluctant to turn up before this Forum or to challenge the complainant’s apparently probable case which has been more furthered by the proof affidavit and the other documents. We have no hesitation to hold that the complainant’s case stands well-substantiated. We need hardly say, the complainant is entitled to relief.
6. In the result, complainant allowed the opposite parties’ is directed to either refund to the complainant the cost of the refrigerator viz. Rs.25750/- (Rupees twenty five thousand seven hundred and fifty only) or replace the material gadget with a similar brand new one, failing which the opposite party is directed to 9% interest per annum from the date of filing of the instant complaint till realization of the said amount. The opposite party is further directed to pay a cost amount of Rs.1000 /- (Rupees One thousand only) to the complainant. The opposite party shall comply with the order of this Forum within 30 days of receipt of the same.
Pronounced in open Forum on this 31th day of January 2018.
Sd/-Sri. Antony Xavier (Member) :
Sd/- Smt. Elizabeth George (President):
Sd/- Smt. Jasmine.D. (Member) : .
Appendix:-
Evidence of the complainant:-
Ext.A1 - Tax invoice
Ext.A2 - Photo
Evidence of the opposite parties :- Nil
//True copy//
By Order
Senior Superintendent
To
Complainant/Opposite parties/SF
Typed by: Sa/-
Compared . by:
