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 18th day of June, 2012
C.C.No.151/2011
Between:
M.Vijaya Kumar, S/o M.Late Varendra Gupta,
Business, H.No.40-349A, Gandinagar, Kurnool - 518 001.
…Complainant -Vs-
1. Ashish Power Point, Godrej Refrigerators Authorized Dealer, Represented its Dealer namely B.Nagaraju,
Shop No.14, 15, 16,Ground Floor, M.R.B. Trade Centre, Bangarpeta,
Kurnool - 518 001.
2. Syed Refrigerators Godrej Refrigerators Authorized Service Center,
Rep., its Proprietor namely Syed,
Door No. 40-30, Medam Compound, Kurnool District- 518 001.
...Opposite ParTies
This complaint is coming on this day for orders in the presence of Sri C.Vijay Kumar, Advocate for complainant and Sri P.Chandra Sekhar, Advocate for opposite party No.1 and In person for opposite party No.2 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.151/2011
1. This complaint is filed by the complainant under section 12 of C.P. Act, 1986 seeking a direction on opposite parties for:-
- The replacement of a new Godrej Fridge or payment of Rs.15,000/- as cost of Godrej Fridge along with 24% per annum interest from the date of purchase i.e., 01-12-2010 to the date of repayment;
- Rs.10,000/- towards the cost of damaged articles and medicines store in the Fridge;
- Rs.10,000/- towards compensation for mental agony;
- Cost and other reliefs.
2. The complainant case in brief is that he purchased Godrej GDE – 26CS2 Refrigerator from opposite party No.1 for Rs.15,000/- vide billNo.274. Opposite party No.2 is authorized service centre and installed the Fridge in the complainant’s house. From the date of purchase of the Fridge it was giving trouble. First the bulb in the Fridge failed which was rectified on 14-12-2010. Secondly the thermostat failed after one month. It was replaced on 03-01-2011. Again in the month of February, 2011 its cooling system started not working. Both the opposite parties checked it and replaced with a new Godrej Fridge RDO 2G3E in the month of March, 2011. In the month of July, 2011 the new Fridge also failed and the Vegetables, Medicines etc stored in it got spoiled. The cost of spoiled articles is Rs.4,916/-. The opposite parties inspected the Fridge and found the leakage of the gas which was noticed on 09-08-2011 by a technician named by Kalyan. Inspite of several personal requests by the complainant and the direction of manufacturer from Secunderabad the defect was not repaired. Vexed with attitude of the opposite parties a legal notice was issued to them on 25-08-2011. As opposite parties did not respond to his notice though received it, this complaint is filed before this Forum by the complainant praying a direction for appropriate reliefs.
3. The complainant filed his sworn affidavit and documents marked as Ex.A1 to Ex.A6 to prove his case.
4. Opposite parties filed their written versions denying their liability to the complainant’s claim. Opposite party No.1 avered that he is only sales point for Godrej Fridge at Kurnool and opposite party No.2 is the service point to under take repairs. The complaint is bad for non joinder of manufacturer as necessary party. Besides he submitted that he forwarded the complaint to opposite party No.2 as soon as he received it. In view of the reasons mentioned above he prayed for the dismissal of the case against him.
Opposite party No.2 submitted that he attended repairs to the complainant Refrigerator for a number of times. He found gas leak on 09-08-2011 when he checked it. But the complainant refused him from attending the repair demanding replacement of it which is not in his hand. Further he avered that he is ready to under take the repair so the case against him may please be dismissed.
5. Opposite parties field sworn affidavits to their support.
6. Both parties filed their written arguments.
7. Hence the points for consideration are:
- Whether the complainant made out a case against opposite parties to prove deficiency?
- Whether the complainant is entitled for any reliefs?
- To what relief?
8. POINTS i and ii:- Admittedly the complainant purchased Godrej Refrigerator from opposite party No.1 for Rs.15,000/- on 01-12-2010. Ex.A1 is cash bill receipt. The Refrigerator has five years warranty on compressor and a one year warranty on other parts. Ex.A2 is warranty Card. On 14-12-2010 the bulb in the unit burnt and on 03-01-2011 thermostat failed. Both the problems were attended and were rectified by opposite party No.2 who is the authorized service centre Ex.A3 is the copy of service order. After one month again in February, 2011 the cooling system failed. Opposite parties checked the Refrigerator and provided a new Refrigerator on replacement. The new unit also started giving problems in the month of July, 2011 due to which the articles, medicines etc stored in it got damaged. Opposite party No.2 found the problem as gas leak. According to the complainant no attempt was made by opposite parties to repair the unit despite his several requests and a legal notice. Ex.A4 is the legal notice. The complainant is contended that the negligence of opposite parties in attending the repairs caused him financial loss and mental agony. The contention of opposite party No.1 is that he is only sale point. He transferred the unit for repair to opposite party No.2 as soon as he received it. The complainant failed to add the manufacturer as necessary party. Opposite party No.2 is contented that he ready to under take the repair if the complainant allows him to attend. In view of what is stated above the Forum holds that opposite parties cannot absolve from their responsibility since they have to provide necessary service to the purchaser until it is in the warranty period. Hence there is negligence on the part of opposite parties and so the complainant is entitled for compensation as claimed for.
9. Point No.iii:- The claim of the complainant appears to be excessive. The complainant is entitled for the repair of his Refrigerator on free of charge. Rs.2,500/- is granted as compensation for mental agony caused to him.
10. In the result, the complaint is partly allowed directing the opposite parties 1 and 2 jointly and severally to under take the repair of complainant’s Refrigerator and deliver it in working conditions on free charge and to pay Rs.2,500/- as compensation for mental agony. Rs.500/- is sanctioned as cost of the case. The time for compliance is one month from the date of receipt of this order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 18th day of June, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Cash bill receipt for Rs.15,000/- issued by Ashish Power
Point dated 01-12-2010.
Ex.A2. Warranty Card dated 01-12-2010 along with User Guide.
Ex.A3 Photo copy of Service Order No.524369 dated 14-12-2010,
Service Order No.529312 dated 01-01-2011 and Service
Order No.599309 dated 09-08-2011 along with Cash bill
for Rs.4,916.85 Ps dated 25-07-2011.
Ex.A4 Photo copy of Demand Notice issued by complainant to opposite parties dated 25-08-2011.
Ex.A5 Photo copy of Letter by complainant to opposite party No.1
dated 12-12-2011.
Ex.A6 Postal Acknowledgement.
Ex.A7 Postal Acknowledgement.
List of exhibits marked for the opposite parties:- 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//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
