Date of filing : 21-03-2013
Date of order : 25-04-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.93/2013
Dated this, the 25th day of April 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
George.M.J, : Complainant
Mullur, Gokkadavu, Chittrikkal.Po,
Kasaragod.671326.
(In Person)
C.J.Home Appliances, : Opposite party
Chittarikkal, Po. 671326.
(Adv.M.Ramesh, Kanhangad)
O R D E R
SMT.P.RAMADEVI, PRESIDENT
The facts of the complaint in brief are as follows:
That the complainant purchased a Refrigerator from opposite party for an amount of Rs.9500/- on 14-11-2009 and the Refrigerator was not working for the last one year and the complainant approached the opposite party and complained about the working condition of the Refrigerator and the opposite party told him that agreed to avail the service after contacting the service centre and after 3 months one service mechanic came to the house of complainant and the mechanic asked to fill the gas tank and as per his instruction the complainant filled the gas tank on spending Rs.1800/-. Then the mechanic told the complainant that the fridge will cool. After two days of filling of the gas the defect was not cured. Then the complainant again approached the opposite party then the opposite party insulted the complainant. Hence the complaint is filed for necessary relief.
2. On receipt of notice from this forum opposite party appeared through counsel and filed their version admitting the purchase of the fridge by the complainant and denying all the allegations made against him by the complainant.
3. Here the complainant examined as PW1 and Exts A1 and A2 marked. Complainant was cross-examined by counsel for opposite party. Then the case is posted for opposite party’s evidence. Thereafter the opposite party has not appeared and adduced neither oral nor documentary evidence.
4. Heard the complainant and perused the documents. Ext.A1 is the Instruction manual and Ext.A2 is cash receipt.
5. Admittedly the Refrigerator was purchased in the year 2009. The refrigerator has got one year warranty and the compressor of the refrigerator has got additional warranty of 4 years. Here the complainant failed to provide after sale service to its customers. Moreover, the case of the complainant is that the mechanic supplied by the opposite party is not a qualified mechanic and that is why the mechanic is failed to find out the actual complaint of the refrigerator. No contra evidence is adduced by the side of opposite party.
6. Considering all the facts and circumstances of the case we are of the opinion that the opposite party failed to provide after sale services to it’s customers, that amounts to unfair trade practice and deficiency in service. Therefore the opposite party is liable to compensate the complainant.
7. Here we are not in a position to issue an order either replacement of the refrigerator or refund of the value of the refrigerator as prayed for since the refrigerator has been purchased by the complainant in 2009 and he has been using it for about 4 years.
Therefore complaint is allowed directing the opposite party to repair the refrigerator of the complainant in a working condition free of cost and further directed to pay Rs.3000/- towards compensation for mental agony and pay Rs.2000/- as cost of the proceedings to the complainant. Time for compliance is 30 days from the date of receipt copy of the order. If the opposite party failed to repair the refrigerator within the stipulated time the opposite party is further directed to pay Rs.3000/- towards compensation in addition to the above mentioned amount.
MEMBER MEMBER PRESIDENT
Exts
A1. Electrolux Instruction Manual.
A2. 19-06-2012 Field Cash receipt.
PW1. George.M.C.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
