DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 27th day of June, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri. Krishnankutty.N.K.,Member
Date of filing:10/03/2021.
CC/51/2021
Moidheen - Complainant
S/o Kunhi Muhammed,
Kulathoor House, Karimba 1 Village,
Mannarkkad,Palakkad.
(By Adv.M.Abu Thahir)
Vs
1. Das Agencies,
College Road, Parakunnam, Vinayaka Colony,
Palakkad-678 001.
(By Adv.P.Anil)
2. Godrej India
Godrej & Boyce Manufacturing Company Ltd- Opposite Parties
Plant 18A,Pirojsha Nagar,
Vikhroli East Paragati Kendra,Mumbai,
Maharashtra- 400 079.
(By Adv.N.V.Peethambaran)
O R D E R
By Sri. Krishnankutty.N.K.,Member
1.Pleadings of the complaint.
The complainant purchased one “Godrej” brand refrigerator Model RT EON 35OP34 manufactured by opposite party No.2 from the show room of opposite party No.1, authorised distributor through invoice dated 28/08/2018 by paying price of Rs.32,500/- .On 23/08/2020 a fire incident happened in the complainant’s house allegedly due to short circuit in refrigerator compressor. The cause of fire was investigated and recorded in report by Fire Department. The complainant intimated opposite party 1 and the official representatives of opposite party 1 visited the complainant’s house. The opposite party 1 promised to indemnify the complaint on his losses, due to short circuit in refrigerator compressor . Inspite of several enquiries, the opposite party 1 did not take any steps and a lawyer’s notice was issued on 18/09/2020 by the complainant to the opposite party 1. The complainant’s claim is that his house was damaged due to the fire incident due to short circuit in the compressor and sought for a gross amount of Rs.2,75,000/- towards damage of the building and Rs.1 Lakh towards mental agony suffered by him.
2. The opposite parties entered appearance on 25/08/2021.
Opposite party 1 filed their version on 20/04/2022. Their contention is that the fire incident is not caused by short circuit in the refrigerator, but might have caused elsewhere and would have eventually spread to the household articles including the refrigerator.
Opposite party 2 filed their version on 04/12/2021 duly denying the allegation that the fire happened due to short circuit in Refrigerator compressor. According to them the fire might have happened due to wrong usage of the product, short circuit in electrical supply etc. Further they content that all their products are subject to strict quality check by Quality Assurance Department and those products meet the technical parameters before being passed on for sale though the authorised dealers. They also submitted that their experts visited the accident site on 26/08/2020 and according to them the fire had not occurred due to defect in the refrigerator.
The complainant has been continuously absent for the sittings since 22/04/2021. He has neither made any effort to counter the arguments made by the opposite parties by adducing sufficient evidence or by way of filing proof affidavit. Hence the complaint is taken for orders on the basis of merits.
In the absence of any documents marked from the part of the complainant or opposite parties, this Commission is left with only the memorandum of complaint and the version filed by the opposite parties to fall back to take any decision on merits. In the absence of any pleadings that can lead to any culpability of the opposite parties or any admission on the part of opposite parties, we are at a loss as to ascertain the facts of the case.
In the result it can be concluded that the complainant has miserably failed in proving his allegation against the opposite parties and he is not interested in persuing with the complaint.
Hence the complaint is dismissed.
Pronounced in the open court on this the 27th day of June, 2022
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty.N.K
Member
