cccccPBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

                       Dated this the 31^st day of  October 2012

                                                                                 Filed on :13/09/2012

Present :

          Shri. A  Rajesh,                                                     President.

Shri. Paul Gomez,                                                 Member.

Smt. C.K. Lekhamma,                                           Member

C.C. No. 493/2012

     Between

Ramachandran A.G.,                                :        Complainant

c-7, Telecom Staff Quarters,                                   (party-in-person)

Panampilly Nagar,

Ernakulam 682 036

                                                And

 1. Fridge house,                                       :         Opposite parties

     Opp. Kavalakkal temple,                                  (Absent)

     Kaloor Kadavanthra road,

     Kadavanthra P.O.,

     Ernakulam-682 020.

2. M/s. Whirlpool of India Ltd.,

    Ramapuram High Road,

    Sathyanagar,

    Mananapakkam,

    Chennai-600 089.

                                           O R D E R

C.K. Lekhamma, Member.

          Brief facts of  the complainant’s case are as follows:

          The complainant purchased a whirlpool refrigerator (Model No.11642, Serial No. INA090906925) from the 1^st opposite party on 03/06/2009, with a guarantee of five years.  The refrigerator went out of  disorder on April 2012 and the complainant filed  a complaint No. 6885 at the 1^st opposite party on 16-04-2012. On 18-04-2012 technician  of the 1^st opposite party approached the complainant and  examined the machine but failed to  rectify the defect. After that there is no response from them.  The complainant had to approach the 1^st opposite party on four times but they did not take any action to solve the problem.  The following reliefs claimed by the complainant against the opposite parties.

i.        To replace the refrigerator or to refund the  bill amount.

ii.       Compensation and other incidental expenses.

2.  The complainant appear in person.  Despite notice from this Forum the opposite parties remained absent.   The complainant adduced only documentary evidence.  Exts. A1 and A2 were marked on his side.    Heard the complainant.

3. The points that arose for determination are as follows:

i. Whether the complainant is entitled to get replacement of the

   disputed refrigerator from opposite parties or not?

ii.Compensation and costs if any?

4. Points Nos. i & ii.  On a perusal on record evidently 5 years  warranty has been provided by the 2^nd opposite party.  The complainant   had purchased the refrigerator on 03/06/2009.  The complainant contented that the refrigerator became defunct on April 2012 that too within the warranty period. In the absence of any contrary evidence we are constrained to believe the complaint. As per the warranty condition the 2^nd  opposite party the manufacturer, is duty bound  to replace the machine or repair the same.   The  2^nd opposite party failed to rectify the defects.  Therefore, the complainant  is entitled to get replacement of the disputed machine with a new one. We are not ordering any  compensation and costs since we have ordered to replace the machine and  moreover had used the refrigerator   nearly for 3 years.

5. Accordingly, we partly allow the complaint and direct   that the  2^nd opposite party shall  replace the disputed refrigerator   with a new one  of the same quality and description according to the  choice  of the complainant with fresh warranty.  In that event the complainant shall return the disputed refrigerator to the opposite party simultaneously.            

          The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.             

                    Pronounced in the open Forum on this the 31^st day of  October 2012