IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of September, 2015
Filed on 04.04.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.110/2015
Between
Complainant:- Opposite parties:-
Sri. T.J. John 1. Branch Service Head, L.G. Electronics
Thekke Edavoor (Edayadi) India Pvt. Ltd., First Floor, Fortune
Naduvattom P.O. Arcade, 34/565B, NH Bye Pass
Pallipad, Alappuzha – 690 512 Padivattom, Edappally
Kochi – 24
2. V.S.K. Home Shoppe
Kacheri Junction, Haripad
O R D E R
SMT. JASMINE D. (MEMBER)
The facts of the complaint in short are as follows:-
The complainant purchased a LG refrigerator from the second opposite party on 29.8.2011 for an amount of Rs. 26,900/- and the product is having 6 years warranty. During the warranty period the said product became again defective and the opposite parties replaced the defective parts. Thereafter, the said product became defective when contacted the first opposite party they informed the complainant that since the production of the model has been ceased by the company the parts are not available. The complainant sustained much mental agony and hence filed this complaint seeking refund of the price of the refrigerator along with compensation and costs.
2. Notices were served to the opposite parties, but they did not appear before the Forum and hence opposite parties 1 and 2 were set ex-parte.
3. Complainant filed proof affidavit and documents Exts.A1 to A3 were marked. Ext.A1 is the authorization letter, Ext.A2 is the retail invoice dated 29.8.2011 and Ext.A3 is the warranty card.
4. Based on the contentions of the complainant, the Forum has raised the following issues for consideration:-
1) Whether the complainant is entitled to get refund of the price of refrigerator?
2) Whether the opposite parties are liable to pay compensation or costs of the proceedings?
5. Points 1 and 2:- The case of the complainant is that on 29.8.2011 the complainant purchased a refrigerator from the second opposite party manufactured by the first opposite party for an amount of Rs.26,900/-. The product is having 6 years warranty including extended warranty.. During the warranty period, the product became defective and the opposite parties have replaced some parts. But again the product became defective when contacted the opposite party they informed that the parts are not available since the production of the said model fridge was ceased. Hence the complainant filed this complaint seeking refund of the price of refrigerator along with compensation and costs.
6. Complainant filed proof affidavit and documents Exts.A1 to A3 were marked. From the documents it can be seen that the complainant purchased the said product on 29.8.2011 for an amount of Rs.26,900/-. The product was under warranty for a period of 6 years. The complainant in his complaint specifically stated that the product became defective prior to 3 weeks of filing this complaint. Therefore the said product became defective after 3 ½ years, from the date of purchasing the product. He has no case that prior to the said defect any defect has been noticed. Since the complainant used the refrigerator for more than 3 ½ years without any complaint no manufacturing defect can be presumed. Since no manufacturing defect proved we can’t direct the opposite parties to refund the price of the fridge as prayed for. From Ext.A3 it can be seen that the product is under warranty. Since the defect arose within the warranty period, the complainant is entitled to get it repaired free of cost. The complainant has not produced any document to show that when the defect was intimated to the opposite party, so we can’t say that whether the opposite parties have committed any delay in repairing the product. Therefore we refrain from awarding compensation. However the complainant is entitled to get the cost of the proceedings. So the complaint is allowed accordingly.
In the result, the opposite parties are directed to repair the product free of cost to the satisfaction of the complainant. Opposite parties are further directed to pay an amount of Rs.1,000/- (Rupees one thousand only) towards costs of the proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 30th day of September, 2015.
Sd/- Smt. Jasmine D (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Authorization letter
Ext.A2 - Retail invoice dated 29.8.2011
Ext.A3 - Warranty card
Evidence of the opposite parties: - Nil
// True Copy //
By Order
Senior Superintendent
Typed by: - pr/-
Compared by:-
