IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 6th day of June, 2012.
Present : Sri. Jacob Stephen (President).
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C.No. 205/2011 (Filed on 13.10.2011)
Between:
Ajuraj,
Asirvad,
Muthoor.P.O.,
Thiruvalla – 7.
(By Adv. C.V. Jyothiraj) ….. Complainant
And:
1. Electrolux,
EKL Appliances Ltd.,
Corporate Office, 3rd Floor,
Global Business Park,
Mehrauli – Gurgaon,
Haryana – 122 002.
2. Service Agent,
Cool-Trend Refrigerator,
Central Tower, Cross Jn.,
Thiruvalla.
3. Manager,
Vijaya Home Appliances,
Branch, M.C. Road,
Muthoor.P.O., Thiruvalla,
H.O. M.C. Road,
Kurichy.P.O., Changanassery. ….. Opposite parties.
O R D E R
Sri. N. Premkumar (Member):
Complainant filed this complaint against the opposite parties for getting a relief from the Forum.
2. Fact of the case in brief is as follows: Complainant purchased a Frost Free Refrigerator by paying ` 14,950 from the 3rd opposite party on 15.08.2007. 1st opposite party is the manufacturer and 2nd opposite party is the service agent. The said purchased refrigerator has one year warranty and its compressor has an additional warranty of 48 months.
3. The refrigerator has a cooling complaint within one year and the matter has been informed to 3rd opposite party. As per the direction, 3rd opposite party the technician of 2nd opposite party came and informed to fill gas. For that complainant hired an auto rickshaw and to took the refrigerator to 2nd opposite party’s shop and fill the gas. Complainant paid ` 1,400 for gas filling charge and ` 200 as auto charge. After one month the refrigerator again became faulty and he took it to the 2nd opposite party by hiring auto and paid gas filling charge of ` 1,400 and auto charge of ` 200. But the 2nd opposite party has not given the bill of gas filling and also taken the original bill and warranty card from him.
4. Thereafter the refrigerator again became faulty and when complainant approached 2nd opposite party, they misbehaved to him. Therefore he approached the Ernakulam agent of the company and they send their technician to complainant’s residence and filled the gas. But the said filling charge has not been paid by complainant. After that, the refrigerator again became faulty and the Ernakulam agent assured to replace the same. They assured to replace a new model and for that they demand ` 1,500. Accordingly, 2nd opposite party replaced a refrigerator on 22.01.2009. But they would not issue bill or sealed the warranty card.
5. The replaced product has also become faulty before the expiry of one year. The said product has also cooling complaint. Complainant informed the Ernakulam agent, they directed the 2nd opposite party and they sent technician and find that compressor has complaint. After one week they replaced compressor and fill gas. After two week the product again became faulty. Complainant again contact the Ernakulam agent and they sent a technician after a month. He informed that compressor again faulty. He also informed that compressor is faulty due to the stabilizer complaint. Complainant purchased a stabilizer on 14.01.2011 by paying ` 1,200. Thereafter also refrigerator became faulty. After that, complainant registered a complaint. But no contact from opposite parties still this period. Complainant again contact with the Ernakulam agent and they sent representatives and find that compressor is faulty and the freezer has a hole. This fault has informed to Ernakulam agent. But they have no response. The refrigerator is a necessary equipment in house. Therefore, complainant purchased a new one.
6. Complainant had to undergone mental agony and distress from 15.08.2007, the date of purchase of refrigerator till this time. This is due to the deficiency of service of opposite parties. Hence this complaint for getting ` 14,950 as price of the refrigerator, gas filling charge of ` 2800, auto charge of ` 400, price of stabilizer of ` 2,000, price of new refrigerator is ` 19,000 with compensation of ` 10,000 and cost of ` 5,000.
7. Opposite parties has not turned up. Hence they were declared as exparte.
8. On the above pleadings, the following points are raised for consideration:
(1) Whether the complaint is maintainable before the Forum?
(2) Whether the reliefs sought for in the complaint are allowable?
(3) Reliefs & Costs?
9. Evidence of the case consists of the proof affidavit and documents filed by the complainant. Documents produced were marked as Exts.A1 to A6. Opposite parties have not contested the case. After the closure of evidence, complainant was heard.
10. Point Nos. 1 to 3:- In order to prove the complainant’s case, complainant filed proof affidavit along with certain documents. Documents produced were marked as Exts.A1 to A6. Ext.A1 is the copy of invoice. Ext.A2 is the instruction manual of the refrigerator. Ext.A3 is the replaced refrigerators instruction manual which is issue on 22.01.2009. Ext.A4 is the bill of gas filling charge ` 1,400. Ext.A5 is the purchase bill of ` 1,200 for V-guard stabilizer. Ext.A6 is the invoice of ` 19,000 for the purchase price of new fridge.
11. Complainant’s case is that he purchased a refrigerator from 3rd opposite party having one year warranty and the compressor has an additional warranty of 48 months. According to him, the refrigerator become faulty several time which starts before the expiry of one year. The 2nd opposite party, the service agent repaired several times and complainant paid gas filling charge, auto charge etc. Thereafter, opposite parties replaced a new refrigerator. The replaced are also became faulty and repaired several times. After that also it become faulty and opposite parties not turned up. This incident compelled the complainant to purchase a new refrigerator by paying ` 19,000.
12. On a perusal of Exts.A1, A4 and A6 it is revealed that complainant paid ` 14,950 for purchasing the fridge for ` 1,400 for gas filling and ` 1,200 for purchasing v-guard stabilizer. Ext.A6 shows that complainant paid ` 19,000 for purchasing a new fridge.
13. From the overall facts and circumstances and the available evidence on record, it is learned that complainant paid ` 14,950 for purchasing the refrigerator. But it became faulty several times and complainant paid several charges for repairing. Opposite parties replaced a new one. That also became faulty and found not repairable. In this circumstance, complainant purchased a new refrigerator by paying `19,000. Even though, we find deficiency on the part of opposite parties, they made all the effort to rectify the defect including replacement within warranty period considering the above facts. But the complainant is entitled to get the amounts collected by the opposite parties during the warranty period.
14. In the result, this complaint is partly allowed, thereby opposite parties are directed to return ` 2,800 (Rupees Two Thousand eight hundred only) with a cost of ` 500 (Rupees five hundred only) to the complainant. Opposite parties are jointly and severally liable to pay the sum within 15 days from the date of receipt of this order, failing which the whole amount will follow 9% interest from this date till the realization of the whole amount.
Declared in the Open Forum on this the 6th day of June, 2012.
(Sd/-)
N. Premkumar,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant:
A1 : Photocopy of invoice dated 15.08.2007 for ` 14,950
issued by the third opposite party to the complainant.
A2 : Electrolux Instruction manual of the refrigerator.
A3 : Replaced refrigerators instruction manual.
A4 : Cash bill of gas filling charge dated 11.11.2008 for ` 1,400
issued by the 2nd opposite party to the complainant.
A5 : Purchase bill dated 14.01.2011 for ` 1,200 for V-guard
stabilizer.
A6 : Invoice dated 18.04.2011 for ` 19,000 for the purchase
price of new fridge.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Ajuraj, Asirvad, Muthoor.P.O., Thiruvalla – 7.
(2)Electrolux, EKL Appliances Ltd., Corporate Office,
3rd Floor, Global Business Park, Mehrauli – Gurgaon,
Haryana – 122 002.
(3)Service Agent, Cool-Trend Refrigerator,
Central Tower, Cross Jn., Thiruvalla.
(4)Manager, Vijaya Home Appliances,Branch,
M.C. Road, Muthoor.P.O., Thiruvalla.
(5) The Stock File.
