Smt. K.P. Padmasree (Member – I):
Complainant filed this complaint against the opposite party for getting a relief from the Forum.
2. Brief facts of the complaint is as follows: Complainant is a consumer of the opposite party. Complainant approached the opposite party for the repair of his out of order fridge. Opposite party sent technicians and the complainant paid an amount of Rs.500/- for the checking. Thereafter the opposite party’s technicians had come and repaired the fridge on 05.07.2016 and for the repairment complainant paid an amount of Rs.4,350/- towards repair charges. Moreover, technicians removed certain costly parts from the fridge valuing more than Rs.3,000/-.
3. After few days the fridge had gone out of order. Complainant contacted the opposite party and informed that fridge is not functioning. Thereafter on several occasions the complainant contacted the opposite party through telephone and requested to repair the defect. But the opposite party not turned up. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant. Hence this complaint for getting the repairing charge of Rs.4,850/- cost of the removed parts Rs.3,000/- along with cost and compensation of Rs.75,000/-.
4. In this case opposite party is exparte.
5. On the basis of the pleadings in the complaint the only question to be considered is whether this complaint can be allowed or not?
6. The evidence of the complaint consists of the proof affidavit and oral deposition of complainant as PW1 and Ext.A1. Ext.A1 is the copy of cash receipt dated 05.07.2016 issued by the opposite party. After the closure of evidence, complainant was heard.
7. The Point:- Complainant’s allegation against the opposite party is that opposite party’s technicians repaired the out of order fridge and charged Rs.4,850/-. Technicians also removed certain costly parts of the fridge worth Rs.3,000/-. After few days fridge had gone out of order. Matter was intimated to the opposite party. But the opposite party has not given any attention to resolve the grievance of the complainant. The above said act of the opposite party is a clear deficiency in service and hence opposite party is liable to compensate the complainant.
8. In order to prove the case of the complainant, complainant filed proof affidavit along with one document. On the basis of the proof affidavit complainant was examined as PW1 and document produced were marked as Ext.A1. Ext.A1 is the cash receipt of Rs.4,350/- issued by the opposite party dated 05.07.2016. On a perusal of Ext.A1 it is seen that complainant paid Rs.4,350/- to the opposite party on 05.07.2016 as per receipt No.2535 for repairing fridge. According to the complainant even after the repairs its defect continued. He had contacted the opposite party several times for redressing his grievance. But they did not turn up. Being an authorised service centre opposite party has certain liability towards their customer. In this case, non-repairing of the fridge is a clear deficiency in service towards the customer. Since the opposite party is exparte the evidence adduced by PW1 is unchallengeable as far as this case is concerned. Therefore, the complainant’s case stands proved as unchallenged. Hence we find that opposite party is liable to the complainant for the proper non-repairment of the out of order refrigerator. Therefore this complaint is allowable.
9. In the result, this complaint is allowed thereby the opposite party is directed to return the repairing cost as per Ext.A1 Rs.4,350/- (Rupees Four Thousand Three hundred and fifty only) along with cost and compensation of Rs.3,000/- (Rupees Three Thousand only) to the complainant within 15 days from the receipt of this order failing which the complainant is allowed to realise the repairing cost of Rs.4,350/- and the cost and compensation ordered herein above with 10% interest from the date of filing of this complaint till the realisation of the whole amount.
Declared in the Open Forum on this the 18th day of November, 2016.
(Sd/-)
K.P. Padmasree,
(Member – I)
Sri. P. Satheesh Chandran Nair (President) : (Sd/-)
Smt. Sheela Jacob (Member – II) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Thampan Zachariah
Exhibits marked on the side of the complainant:
A1 : Copy of cash receipt dated 05.07.2016 issued by the opposite party
to the complainant
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
Copy to:- (1) Thampan Zachariah, Kadavil House, Ambalakadavu,
Chenneerkara.P.O., Kozhencherry Taluk,
Pin – 689 503.
(2) The Proprietor, Cool Tech Refrigeration, H.O. Central Tower,
Cross Junction, Thiruvalla.
(3) The Stock File.
