BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 20/07/2011

Date of Order : 29/02/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

C.C. No. 384/2011

Between

And

O R D E R

Paul Gomez, Member.

1. The complaint consists of the following facts :-

The complainant purchased L.G. Refrigerator in his mother’s name at the price of Rs. 9,500/- on 01-05-2010. It started showing defects in the month of May 2011. It was rendered out of use when it was not maintaining cooling effect. The machine has one year warranty. The matter was reported to the opposite parties within the warranty period. Several enquiries were made for name sake. The refrigerator was not repaired properly. Hence this complaint seeking various reliefs.

2. The 2^nd and 3^rd opposite parties filed the following version :

The complainant is not a consumer under the purview of the Consumer Protection Act. A complaint was received with regard to the refrigerator on 16-05-2011 reporting no cooling. On 16-05-2011, the service engineer visited the complainant’s house and inspected the equipment and found that the problem was that of gas leakage. Subsequently, when the mobile gas team was doing the gas charging the complainant rushed in from outside and prevented the team from completing the task. Thereafter, the complainant approached the service centre for correcting the defects. The manager told him that since the complainant had earlier abused the technicians the work would be done only if the refrigerator was brought to the service centre. They are still ready to rectify the defect.

3. The 1^st opposite party appeared in person but they did not contest the matter. The complainant was examined as PW1 and Ext. A1 marked for him. Witness for the 2^nd and 3^rd opposite parties was examined as DW1. The parties were heard.

4. The following points arise for consideration are :-

1. Whether there was any deficiency in service on the part of the opposite parties?

2. What are the reliefs, if any?

5. Point No. i. :- The complainant purchased the appliance under dispute from the 1^st opposite party’s shop on 21-05-2010 by paying Rs. 9,500/- in the name of one Sushama Bai, presumably the mother of the complainant. According to the complainant, the equipment developed defects in the month of May 2010 and he reported the matter to the concerned persons well within the warranty period. Those facts have not been denied by the opposite parties. According to them,they were abused by the complainant when rectification of the defect was progressing. Therefore they are still ready to make the machine work properly. There is absolutely no evidence, to show that the complainant was annoyed by unnecessary questions being repeatedly asked by several persons on the same topic as alleged in the complaint. It is admitted by the complainant in the box the defect is that the refrigerator cannot retain cooling power. All other questions regarding improper booking have been denied. DW1 has admitted that the complaint was received in warranty period. He has deposed that they could not correct the mal-functioning, because the complainant did not allow the service engineers to do so. The complainant and the opposite parties have unbundled some allegations and counter allegations without caring to establish them by cogent material evidence. In that view of the matter, we do not give much credence to the uncorroborated averments of the parties. Consequently, the complaint boils down to this that the complainant registered a complaint with the opposite parties regarding the defects in his refrigerator which was purchased from the 1^st opposite party. But still it is not set right by he opposite parties.

6. Point No. ii. :- The reliefs sought in the complaint are refund of the the price with interest or alternatively repair of the machine along with compensation. In the facts and circumstances of the case, we think repairment on free of charge will not be sufficient remedy to meet the ends of justice since, a hazzle free machine is quite essential to sustain the life of his acting mother who is pretty old. The 1^st and 2^nd opposite parties jointly and severally pay costs of the proceedings.

7. To wind up, the complaint is allowed as follows :

1. The opposite parties shall jointly and severally refund the price of the refrigerator as per Ext. A1 to the complainant.

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

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the opposite parties shall pay interest @ 9% p.a. from the date of complaint till realisation.

Pronounced in open Forum on this the 29^th day of February 2012.

Sd/- Paul Gomez, Member.

Sd/- A. Rajesh, President.

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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