D.O.F:30/07/2022
D.O.O:05/12/2022
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.172/2022
Dated this, the 05th day of December 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Abdulla B.M
S/o Mohammed
Blarkode : Complainant
Kudlu
Kasaragod-671124
And
City Cool Electronics
Karanthakkad Junction : Opposite Party
Kasaragod
ORDER
SRI.RADHAKRISHNAN NAIR.M : MEMBER
The complaint is filed for the replacement of detective Refrigerator by the opposite party.
The facts of the case in brief are that the complainant purchased a Refrigerator Model LG 1292 RPZL Double Door from the opposite party vide invoice No.A 2335 dated 27-03-2018 for Rs. 25,000/- with 10 years warranty. At the time of purchase, the opposite party informed the complainant to switch on the refrigerator after 3 hours. But when it was switched on after 3 hours, the Refrigerator was not working. Immediately the opposite party was informed and they came and took back the Refrigerator and replaced the same with another one within 20-25 days. But the replaced Refrigerator was a second hand one, having no necessary facilities. There is no space for keeping water bottles and other racks fitted inside of the Refrigerator door. When asked the opposite party told the complainant to satisfy with it and they won't replace another one. There after the Refrigerator became defective and the service man of the opposite party checked the same and informed that the Board is to be replaced, which would cost Rs. 5,000/- approx. He also asked Rs. 400/- as service charge. Hence this complaint is filed for an order to the opposite party to replace the Refrigerator with a new one.
The notice issued to the Opposite Parties served but they remained absent. Hence the name was called and set expert.
The Complainant filed proof affidavit in lieu of chief examination and documents Ext. A1 and A2 are marked. The Ext-A1 is the Tax Invoice for the payment dated 27.03.2018, Ext.A2 is the delivery Challan dated 24.04.2018.
In the affidavit it is specifically deposed by the deponent complainant that it was due to Covid -19, he could not register complaint on earlier occasion, which is a reasonable ground for condoning delay in filing complaint.
Based on the pleadings and evidence in this case the following
issues are framed for consideration:
1. Whether there is any service deficiency on the part of any of the opposite party?
2. If so, what is the relief?
For convenience, both these issues are considered together.
Here the specific case of the complainant is that the
Refrigerator Model LG 1292 RPZL Double Door purchased by him from the opposite party for Rs.25,000/- with 10 years warranty was not working from very beginning. So the opposite party replaced the same with another one but it was a second hand one having no necessary facilities. That also became defective and the service man of the opposite party checked the same and informed that the Board is to be replaced, which would cost Rs. 5,000/- approx. He also asked Rs.400/- as service charge. The complainant produced documents Ext. A1 and A2 in support of his case.
Therefore considering circumstances and available evidence in this case and in the absence of any rebuttal evidence this commission is of the view that there is service deficiency on the part of the Opposite Party.
Here the complainant’s prayer is that the Opposite Party is to be directed to replace the Refrigerator with a new one.
This commission is of the view that the Opposite Party is liable to replace the defective Refrigerator with a new one.
In the result, the complaint is allowed and the Opposite Party is directed to replace the defective Refrigerator with a new -defect free-Refrigerator of the same brand or in case, it is not possible, to return Rs.25,000/- (Rupees Twenty five Thousand only) to the complainant with interest at the rate of 8% from 30.07.2022, date of complaint to the date of payment. The opposite party is also directed to pay Rs.5,000/- (Rupees Five Thousand only) towards the costs.
Time for compliance is 30 days from receipt of the copy of the Judgment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibit
A1: Tax Invoice
A2: Delivery Challan
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
