IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 30th day of November, 2023
Present: Sri. Manulal V.S. President
Sri. K.M. Anto, Member
C C No. 222/2023 (Filed on13/07/2023)
Petitioner : P.K. Rajan,
Palavila Rajbhavan,
Vadavathoor P.O.
Kottayam - 686010
Vs.
Opposite parties : The Manager,
A One Solutions,
Authorised Centre for
V-Gurard Service,
Near Vasan Eye Hospital,
Karappuzha, Kottayam - 686001
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under section 35 of the consumer Protection Act 2019.
The brief of the complaint is that the complainant had given a stabilizer of the fridge to the opposite party on 01/02/2023 for repair works. The opposite party had not returned the stabilizer after repair. The complainant was forced to purchase a new stabilizer and due to this act of the opposite party there was a loss of Rs.12,800/- to the complainant. This complaint is filed for getting compensation for the sufferings due to the deficiency in service on the part of the opposite party and the stabilizer repaired by the opposite party along with cost for this litigation.
On admission of the complaint, copy of the complaint was served to the opposite party. The opposite party appeared and filed their version.
The version of the opposite party is that the complainant had given a 25 year old model refrigerator stabilizer of V Guard, for service. The spare parts of that model are not available and hence as a solution to the problem, they offered to give a new model stabilizer to the complainant but the complainant was not willing for this settlement.
The complainant filed proof affidavit and marked documents Ext A1 and A2. The opposite party failed to adduce any oral or documentary evidence.
On the basis of the complaint and version of the opposite party and evidence on record, we would like to consider the following points.
- Whether there is deficiency in service on the part of the opposite party?
- If so what are the reliefs and costs?
Point 1 and 2
On going through the complaint, version of the opposite party and evidence on record it is clear that the complainant had given a stabilizer of the refrigerator to
the opposite party on 01/02/2023 for repair works.
Ext A1 is the Job card issued by the opposite party on 01/02/2023, for the stabilizer with Model VGD 50.
Ext A2 is the Bill for the V guard VSDI 100 Digital Inverter Refrigerator up to 900 L purchased by Tintu A Raj through Amazon on 18/03/2023 for an amount of Rs.2880/-.
The complainant had admitted in the chief affidavit, that the opposite party had returned the stabilizer after rectifying the defects. Even though, the opposite party in their version submitted that the stabilizer is 25 year old model of V Guard and the spare parts of that model is not available, it is seen that the opposite had done the repair works of the Stabilizer and had given to the complainant after filing of this complaint.
It is clear that the opposite party failed to do the repair of the stabilizer within a reasonable time and the reasons cited in the version are not correct. This act of the opposite party is deficiency in service on their part.
The complaint is allowed and we pass the following order.
- The opposite party is directed to give Rs 1,000/- (Rupees Thousand only) as compensation for the metal agony and hardships of the complainant.
The order shall be complied within 30 days from the date of receipt of the copy of this order, failing which the award amount will carry 9% interest per annum from the date of order till realization.
Pronounced in the Open Commission on this the 30th November, 2023
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Job card dtd.01/02/2023
A2 – Copy of invoice dtd.08/03/2023 issued by Amazon.in
By Order
Assistant Registrar
