Smt. Sheela Jacob (Member):
The complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that his refrigerator became defective on 23/05/2017 and it was intimated to the opposite party. The opposite party is the authorized service center. Thereafter the technician from the opposite party came to the complainant’s house and examined the refrigerator and replaced two spare parts of the refrigerator. So the complainant paid Rs. 1850/- for the charges as demanded. On the next day it became defective because no cooling effect seen in the freezer. Even though it is repaired several time, the refrigerator was not working properly and at last it was totally damaged beyond use and repair. The complainant informed the fact to the opposite party. The opposite party had given direction to the concerned technicians. But the complainant’s complaint was not rectified. Thereafter, the complainant contacted the opposite party and Area Manager but there was no response. The above said act of the opposite party is a clear deficiency in service which caused mental agony and financial loss and the opposite party is liable to the complainant for the same.
3. Hence this complaint for repairing the refrigerator or direct them to return its repairing charge of Rs. 1850/- with interest along with compensation of Rs. 20,000/- and cost of this proceedings.
4. In this case opposite party is exparte on the basis of the pleadings of the complainant the only point to be considered in whether this complaint can be allowed or not.
5. The evidence of this complaint consists of the oral testimony of PW1 and Ext.A1 to A2. Ext. A1 is the cash receipt for amount Rs. 1850/- dated: 23/05/2017 issued by Cool Tech Refrigeration. Ext. A2 is the another bill for amount Rs. 300/- dated:15/08/2015 issued by Cool Tech Refrigeration.
6. The Point:- The complainant’s allegation is that the refrigerator was repaired on 25/07/2017. The repairing charge of Rs. 1850/- was paid by the complainant but on the next day it became defective. The complaints were properly intimated to the opposite party. But so far they have not rectified the defects of the fridge. The above said act of the opposite party is a clear deficiency in service which caused mental agony and financial loss to the complainant. Therefore, the complainant prays for allowing the complaint.
7. In order to prove the case of the complainant, the complainant filed a proof affidavit in lieu of his chief examination along with 2 documents. On the basis of the proof affidavit, the complainant was examined as PW1 and the documents produced were marked as Ext. A1 and A2. Ext. A1 is the original cash receipt dated: 23/05/2017 for Rs. 1850/- issued by the opposite party for collecting the repairing charge. In the deposition of PW1 it is deposed that after receiving the notice from the Forum the technician of the opposite party came and repaired the refrigerator on 01/07/2017. Now it is working properly but the complainant’s allegation is that the refrigerator was not worked for more than one month.
8. Since the opposite party is exparte and there is no reason to disbelieve the allegation of the complainant, the complainant’s allegation stands proved against opposite party as unchallenged. Therefore we find that the evidence adduced by complainant is unchallenged and the above said act of the opposite party is a clear deficiency in service and they are liable to the complainant for the same. Though the complainant claims that he had a total loss of Rs. 20,000/- due to the deficiency of the opposite party, he had not adduced any cogent evidence to establish the amount claimed by him. So we are not inclined to allow the complaint as prayed for. Therefore, this complaint can be allowed in part with cost and compensation.
9. In the result, this complaint is partly allowed, therefore the opposite party is directed to pay Rs.2,000/- (Rupees Two Thousand Only) to the complainant as the cost and compensation within 30 days from the date of this order, failing which the complainant is allowed to realize the whole amount with 10% interest per annum from today till the realization of the whole amount.
Declared in the Open Forum on this the 31st day of August, 2017.
(Sd/-)
Sheela Jacob,
(Member)
Sri. P. Satheesh Chandran Nair (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : P.N. Babu Chandran
Exhibits marked on the side of the complainant:
A1 : Cash receipt bill amount Rs. 1850/- dated: 23/05/2017
issued by Cool Tech Refrigeration.
A2 : Another bill amount Rs. 300/- dated:15/08/2015 issued by
Cool Tech Refrigeration.
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant: Nil.
(By Order
(By Order)
Copy to:- (1) P.N. Babu Chandran,
Shobhana Bhavan, Mezhuveli – 689507.
(2) Cooltech Refrigeration,
Central Tower, Cross Junction,
Thiruvalla – 689101.
(3) The Stock File.
