BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Monday the 18^th day of June, 2012

C.C.No.157/2011

Between:

G.Pramila, W/o. G.Murali Mohan,

R/o. H.No.81-305-7, Sarada Nagar, Kurnool 518 002.                                    

               …Complainant

                                                    -Vs-      

Ashis Power Point, The Dealer and Proprietor  Godrej Product Dealer,

Shop No. 14,15,16, Ground Floor, MRB Trade center, Bangaru peta,

Kurnool - 518 004.     

 ...Opposite ParTy

This complaint is coming on this day for orders in the presence of Sri.S.Ch.Mabu Saheb, Advocate for complainant and Sri.P.Chandra Sekhar, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.

 ORDER

(As per Sri. M.Krishna Reddy, Male Member)                                                             C.C. No.157/2011

1.     This complaint is filed by the complainant under section 12 of C.P. Act, 1986 praying an order directing opposite parties for:-

1.   The replacement of his defective Refrigerator or to repay the cost of the Refrigerator with 24% per annum interest;

1.   The payment of Rs.5,000/- as compensation for mental agony;

1.   The cost of the petition.

2.    The complainant’s case is that she purchased Godrej Refrigerator GDP – 195 on 08-04-2010 for Rs.13,710/- from opposite  party.  The Refrigerator was installed in the house of the complainant under the supervision of opposite party.  After some days as the Refrigerator was not working she gave a complaint to opposite party.  A person appointed by opposite party repaired, the unit by collecting Rs.200/-.  After some period the Refrigerator again started not working.  But this time opposite party demanded huge amount for the repair, which she refused to pay.  Further she asked the opposite party for the replacement of old unit with a new unit.  As her request was not considered by opposite party, a legal notice dated 24-10-2011 was issued to opposite party.  Opposite party refused to receive it.  Vexed with the attitude of opposite party, this complaint is filed before the Forum praying appropriate reliefs. 

3.     Complainant filed sworn affidavit and documents marked as Ex.A1 to Ex.A5 to support his case.

4.     Opposite party submitted that all the allegations of the complainant are false and baseless.  He is only the sales point in Kurnool for Godrej Refrigerators.  If there is any defect to the Refrigerator, the customer has to go to the authorized service station namely Syed Refrigerators at Door No.40/30 Madam Compound, Kurnool.  Even if he receives the complaint, he will forward the same to the service provider or to the manufacturer.  The complainant did not produce any evidence that his refrigerator is defective.  The complaint is also bad for non-joinder of manufacturer as necessary party.  As there is no deficiency on his part, he prayed for the   dismissal of the case.

5.     Opposite party field sworn affidavit to prove his case.

6.     Both parties filed their written arguments.

7.     Hence the points for consideration are:

1. Whether the complainant made out a case to prove deficiency on the part opposite party?

1. Whether the complainant is entitled for any reliefs?

1. To what relief?

8.      POINTS i and ii:-  The complainant purchased a Godrej Refrigerator from opposite party for Rs.13,500/- on 08-04-2010.  Ex.A1 is cash bill.  The Refrigerator comes with a five years warranty on compressor and a one year warranty on all other parts.  Ex.A2 is warranty Card.  Opposite party is the dealer for Godrej Refrigerator.  According to terms and conditions the repairs and replacement of parts will be carried out through Authorized Customer Service Centre.  All transportation and handling expenses incurred while repairing will be payable by the customer.  After some period of purchase the Refrigerator suffered a problem.  It was repaired with the help of customer service centre by opposite party colleting charge of Rs.200/-.  Again the unit went wrong and opposite party demanded huge amount from the complainant for its repair.  Complainant unsatisfied with the unit requested for replacement.  No steps were taken by opposite party to solve the problem.   Opposite party contended that his job is to transfer the complaint to the service centre and no evidence is produced by the complainant to prove that the Refrigerator is defective.  This is not acceptable.  Being the dealer in Kurnool opposite party cannot absolve him self form his responsibility, instead, he behaved adamantly by refusing the legal notice dated 24-10-2011 and also the notice of this Forum.  In view of the reasons mentioned above the Forum holds that opposite party ignored the customer by his negligence.  Hence the complainant allowed entitling the complainant for relief as prayed for. 

9.      Point No.iii:- The claim for replacement of Refrigerator or repayment of cost of it with 24% per annum interest is not acceptable as per the terms and conditions of warranty card.  Opposite party is directed to get the Refrigerator repaired with the help of authorized service centre and deliver it in working condition to the complainant free of charge.  The complainant is also entitled for compensation towards mental agony.   .  

10.    In the result, the complaint is partly allowed directing the                                      opposite party to get the Refrigerator repaired in the authorized centre without collecting any charge from the complainant and deliver it in working condition with in 15 days from the date of receipt of this order.  For causing mental agony Rs.2,000/- is sanctioned.  Rs.500/- is allowed as cost of the case.  

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 18^th day of June, 2012.

Sd/-                                      Sd/-                                         Sd/-        

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nil                 For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                Cash bill receipt for Rs.10,500/- issued by Ashish Power

                Point dated 08-11-2010.

Ex.A2.       warranty Card dated 08-11-2010.

Ex.A3                Office copy of Legal Notice.

Ex.A4                Postal Receipt.

Ex.A5                Return cover along with Ack.

List of exhibits marked for the opposite party:- Nill

  Sd/-                                  Sd/-                                   Sd/-        

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

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Complainant and Opposite parties  :

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