C.C. No. 83 of 2009rd July 2009 C.C. No. 83 of 2009

3

A4. Ex. A5 was postal receipts. Ex. A6 was another job sheet for gas charging dt. 3-

10-2008. Thus there is deficiency of service on the part of the respondents.

7. Point No. 3 In the result, the complaint is allowed, directing the

respondents jointly and severally liable to pay Rs. 3,350/- (Rupees three thousand

three hundred and fifty only) and Rs. 500/- (Rupees five hundred only) towards

compensation, payable within 30 days from the date of receipt of this order.

Dictated to the Stenographer, transcribed by him, corrected and pronounced

by us in the open forum, this the 03

MEMBER MEMBER PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant NIL For Respondent : NIL

Exhibits marked for Complainant : -

Ex. A1 Job sheet No. 1701, dt. 3-10-08 issued by R1 in favour of complainant.

Ex. A2 Job sheet No. 1271, dt. 3-10-08 issued by R1 in favour of complainant.

Ex. A3 Acknowledgement, dt. 3-10-2008 for Rs. 3,600/-.

Ex. A4 Copy of legal notice dt. 6-4-2009 from complainant’s advocate to

the respondents.

Ex. A5 Two posal receipt Nos. 5028 & 5029.

Ex. A6 X/c of Job sheet No. 1830, dt. 3-10-08 issued by R1 in favour of

complainant.

Exhibits marked for Respondents: - ---NIL---

MEMBER MEMBER PRESIDENT

Copy to :-

1) Sri Y. Sunil Kumar and G.M.B. Murali Krishna, Advocates.

2) The Proprietor, S.S. Electronics & Refrigeration,

21/638, R.K. Nagar, Opp. Ramesh Theater, Kadapa.

3) The Chief Executive / General Manager, The Videocom

Industries Ltd., 14K.M Stone, Paithan Road, Chitegaon

Aurangabad Disrict – 431105.

1) Copy was made ready on :

2) Copy was dispatched on :

3) Copy of delivered to parties :

B.V.P. - - -

DISTRICT FORUM :: KADAPA

PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

SMT. B. DURGA KUMARI, B.A., B.L., MEMBER

SRI S.A. KHADER BASHA, B.Sc., MEMBER.

Friday, 03

CONSUMER COMPLAINT No. 83 / 2009

V. Venkata Muni, S/o Subbaiah, Hindu, aged 60 years,

R/o D.No. 12/385, Opp. Fire Office, Badvel,

Kadapa District. ….. Complainant.

Vs.

1) The Proprietor, S.S. Electronics & Refrigeration,

21/638, R.K. Nagar, Opp. Ramesh Theater, Kadapa.

2) The Chief Executive / General Manager,

The Videocom Industries Ltd., 14K.M Stone,

Paithan Road, Chitegaon Aurangabad Disrict – 431105. ….. Respondents.

This complaint coming on this day for final hearing on 03-7-2009 in the

presence of Sri Y. Sunil Kumar and G.M.B. Murali Krishna, Advocates for

complainant and respondents called absent and set exparte and upon perusing the

material papers on record, the Forum made the following:-

O R D E R

(Per Sri P.V. Nageswara Rao, President),

1. Complaint filed under section 12 of the Consumer Protection Act 1986.

2. The brief facts of the complaint is as follows:- The complainant

approached R1 for conducting repairs to the refrigerator in October 2008. After

testing the R1 suggested to replace compressor and accordingly it was replaced with

Videocon compressor on 3-10-2008 manufactured by R2. The R1 collected

Rs. 3,350/- and issued receipt for Rs. 2,100/- without adding gas charges and

transportation. The complainant demanded the R1 to issue receipt for total amount

of Rs. 3,350/- and hence, the R1 issued receipt for Rs. 3,350/-. The R1 obtained a

customer’s satisfaction certification from the complainant. After replacing the

compressor the refrigerator freezing point should be checked up by keeping the

refrigerator for testing continuously for 48 hours. The R1 had not studied or tested

abnormal test, low ambient test, and high ambient test, but took the signature of the

complainant. At the time of purchase the R1 informed that the compressor would

work for three years and if any damage during the warranty period R1 should replace

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the same with a new one. The compressor fixed by R1, did not work properly from

the date of installation and same was informed on many occasions to R1. The

compressor supplied by R1 was defective. The R1 did not show any proper attention

and became negligent. Thus the R1 committed deficiency of service. The

complainant got issued notice dt. 6-4-2009. Therefore, the complaint was filed for

Rs. 3,350/- towards compressor charges with interest @ 18% p.a. from 3-10-2008 till

realization, and Rs. 20,000/- towards compensation and costs.

3. Notices served to both respondents on first appearance day 18-6-2009.

But they were absent. However, the Forum granted time to file any counter in the

interest of justice. They have not filed any counter nor represented the matter.

Therefore, the R1 & R2 were called absent and set exparte on 29-6-2009.

4. On the basis of the above pleadings the following points are settled for

determination.

i. Whether there is any negligence and deficiency of service on the

part of the respondents?

ii. Whether the complainant is entitled to the relief as prayed for?

iii. To what relief?

5. On behalf of the complainant Ex. A1 to A6 were marked.

6. Point No. 1 & 2 The complainant approached the R1 for conducting

repairs to the refrigerator on 3-10-2008 manufactured by R2 company. The R1 after

verification found that the compressor was not in working condition and it should be

replaced. As such the complainant paid Rs. 3,350/- towards compressor. Ex. A1

was job sheet issued by R1 for Rs. 3,350/-. On the same the R1 issued one job card

under Ex. A2 for compressor for Rs. 2,100/-. Ex. A3 was acknowledgement card dt.

3-10-2008 for Rs. 3,600/- for compressor and gas charging. The complainant got

issued a notice that the compressor was defective. The office copy of notice was Ex.

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