BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 27/07/2012

Date of Order : 27/09/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 458/2012

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :-

The complainant purchased a Microwave Oven from M/s. Pittappillil Agencies, Edappally, which was manufactured by the 1^st opposite party on 18-10-2010. On demonstration of the gadget, it was observed that it gets cut off after 5 minutes of working, leaving the body of the oven very hot. On 24-10-2010, the complainant paid a sum of Rs. 2,648/- towards AMC charges for 5 years from the expiry of the warranty of one year. On 10-11-2010, the 1^st opposite party replaced the oven with another piece. Since the replaced one was of inferior quality, the complainant was assured that it will be replaced with a defect free one. At that juncture, the complainant opted to purchase a washing machine instead of the oven and did so. However, the 1^st opposite party has not refunded the AMC amount to the complainant in spite of repeated communications. The complainant is entitled to get refund of the AMC charges with interest at the rate of 12% p.a. from 24-10-2010 together with compensation of Rs. 5,000/- and Rs. 4,000/- towards costs of the proceedings. This complaint hence.

2. The opposite parties duly accepted the notice of this complaint from this Forum to which there was no response for their own reasons. No oral evidence was adduced by the complainant and Ext. A1 to A4 were marked on his side. Heard the complainant who appeared in person.

3. The points that arose for consideration are as follows :-

1. Whether the complainant is entitled to get refund of the AMC charges with interest from the opposite parties?

2. Whether the opposite parties are liable to pay compensation of Rs. 5,000/- and Rs. 4,000/- towards costs of the proceedings to the complainant?

4. Point Nos. i. and ii. :- Ext. A2 retail invoice dated 18-10-2010 goes to show that the complainant purchased a Microwave Oven from the 2^nd opposite party which was manufactured by the 1^st opposite party at a price of Rs. 12,885.11. According to the complainant, since the microwave oven became defunct, he approached the 2^nd opposite party and purchased a washing machine in the place of the microwave oven. Evidently as per Ext. A1, the complainant had paid a sum of Rs. 2,648/- to the 1^st opposite party towards annual maintenance charges of the microwave oven for the period from 24-10-2011 to 23-10-2016. Since the complainant returned the defective microwave oven to the 1^st opposite party, naturally the complainant is entitled to get refund of the AMC charges from the opposite parties. Ext. A4 series go to show that on several occasions, the complainant requested the 1^st opposite party to refund the AMC charges. The 1^st opposite party replied to the complainant stating half baked reasons. Since no valid reasons are forthcoming on the part of the opposite parties in retaining the AMC charges, in spite of repeated communications it not only amounts to deficiency in service, but also to unfair unfair trade practice on the part of the 1^st opposite party to which the opposite parties are answerable. In the above circumstances, the complainant is entitled to get refund of the AMC charges of Rs. 2,648/- together with 12% interest p.a. from the date of receipt of the same till realisation. Not to mention the complainant is also entitled to get compensation and costs of the proceedings from the opposite parties for the reasons stated above. We fix it at Rs. 2,000/- and Rs. 1,000/- respectively.

5. In the result, we partly allow the complaint and direct as follows :-

1. The opposite parties shall jointly and severally refund Rs. 2,648/- with interest at the rate of 12% p.a. from 24-10-2010 till realisation.

2. The opposite parties shall jointly and severally pay Rs. 2,000/- and Rs. 1,000/- respectively towards compensation and costs of the proceedings to the complainants.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 27^th day of September 2012.

Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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