BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Tuesday the 25th day of November, 2008
C.C.No. 174/07
Between:
M. Neelakanteswara Rao, S/o. M. Krishna Murthy,
Plot No.28, H.No.51-15-37, Baba Brudavan Nagar, Kurnool. … Complainant
Versus
1. General Manager, Electrolux Viediocon Industries Limited, Reg. Office Autocars Compound,
Adalat Road, Aurangabad-431005.
- Mr. Raj Kumar, Authorised Service dealer for Electrolux, M/s. Maheswari Refrigirators,
Nandyal gate, Park Road, Kurnool … Opposite parties
This complaint is coming on this day for orders in the presence of Sri.P.Siva Sudharshan, Advocate, for the complainant, and opposite party No.1 set ex-parte and Sri.M.Venkoba Rao, Advocate, for the opposite party No.2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. K.V.H.Prasad, President)
C.C.No.174/07
- This case of the complainant is filed U/S 11 and 12 of C.P.Act seeking direction on the opposite parties to refund Rs. 10,500/- ie., the cost of the refrigerator, with 24% interest or to replace with defect free refrigerator of same model , Rs.5,000/- towards mental agony and cost of this case alleging the purchase of kelevinator refrigerator of 165 liters capacity for Rs.10,500/- from Alankar Furniture’s , Surajumal circle , Kollar and under service contract entered with said cellular all kinds of problems of said refrigerator has to be attended by any of their branches or authorized service centers for a period of four years after to the period of warranty and his handing over said refrigerator for its door repair to opposite party No.2 paying Rs.500/- and the opposite party No.2 without repairing said door collecting from him a further amount of Rs.300/- and on persistent approach the opposite party No.2 providing a stand by set for temporary use and said stand by set is consuming more electricity and thereafter the opposite party No.2 not bothering for return of the refrigerator given for door repair and the said conduct of the opposite party No.2 is amounting to deficiency of service on the part of the opposite party.
2. In pursuance of the receipt of the notice of this forum as to this case of the complainant while the opposite party No.1 remained ex-parte to the case proceedings by his abstention , the opposite party No.2 cause its appearance though its counsel and contested the case filing its written version denying its liability to the complainants claim.
3. The written version of the opposite party No.2 besides to questioning the justness and maintainability of the complainants case and requiring strict proof of the complaint averments allege rectification of door problem of complainants refrigerator on 30-11-2005 charging Rs.500/- and on complaint dated 18-04-2006 as to bend to door the opposite party No.2 taking the door of said refrigerator only for sending it to repair leaving the other part of the refrigerator with the complainant itself and
providing an Allwyn 165 liters refrigerator worth Rs.7500/- as stand by set at request of the complainant for latter’s temporary use pending the repair of the refrigerator door and the complainant not bothering either to take back the repaired refrigerator door nor returning the stand by set inspite of notice dated 05-01-2007 with a dishonest intention to retain the stand by set and evade the service and repair charges and the case of the complainant being in suppression of real facts disputes the bonafidees of the cause of action for complainants case and seeks dismissal of the complaint with cost.
4. In substantiation of the contentions while the complainant side has taken reliance on documentary record in Ex.A1 to A3 and sworn affidavit of the complainant , the opposite party side has taken reliance on documentary record in Ex.B1 and B2 and the sworn affidavit of opposite party No.2.
5. Hence the point for consideration is whether the complainant has made out any deficiencies of the opposite parties making them liable to the complainants claim.
6. The Ex.A1 is the cash bill No.4274 dated 23-2-2001 issued by Alankar Furniture’s Kollar Goldfield. It envisages the sale of keleventor S – Cool 165 liters refrigerator in favour of R. Neelakanteswara Rao – complainant – for Rs.10,500/- . The said purchase being not disputed the Ex.A1 is not requiring any further appreciation then what it envisages .
7. In spite of denial by the opposite party side no material is placed by the complainant in substantiation of his allegations as to his entering into four years warranty agreement for getting rectification of any problems of said refrigerator in any authorized branches or service centers . Nor the Ex.A3 bears any such contract for attending any problems to said refrigerator as alleged by the complainant . Hence the said averment remains not established as to leaving any bearing on the merits of this case.
8. The Ex.A2 acknowledgement dated 30-11-2005 of the opposite party not only acknowledges a receipt of Rs.500 /- from the complainant towards repairs but also contains an endorsement of the customer as to repaid of the set to the satisfaction of the customer . It does not disclose what kind of repair was attended and the nature of the article for which the repair was attended. As regards it while the complaint averments and sworn affidavit of the complainant allege it as an advance amount paid for effecting repair of the refrigerator main door the written version of the opposite party allege the said was charge for attending the door problem of complainant refrigerator on 30-11-2005 by change of gasket worth Rs.325/- and the service charges worth Rs.175/-. No cogent material is placed by the complainant side to rebut the opposite party contentions as to the said payment of Rs.500/- under Ex.A2 . Hence from the Ex.A2 what remains clear is that it was charged for effecting the repair of the door of the complainant refrigerator on 30-11-2005 .
9. The Ex.B1 is the job card in the name and style of call sheet cum claim form of the opposite party for the job work done to the complainants refrigerator on 18-04-2006 . It does not envisage as to any defect complained or attended except saying in column “ job done” stand by set arranged refrigerator . Being it was issued in the name of the complainant , the written version and the sworn affidavit of the opposite party No.2 allege that under this the complainant was furnished a stand by refrigerator for temporary use returning the refrigerator retaining its door only as the door problem to the complainants refrigerator is not rectifiable without repairing the very door itself due to bend in said door.
10. No material is placed by the complainant in substantiation his allegation that his entire refrigerator was left with the opposite party , while the opposite parties allege the retention of defective door only for mending its defect .
11. The notice in Ex.B2 dated 05-01-2007 of the opposite party No.2 caused to the complainant also alleges the fact of providing a stand by set to the complainant pending attending the repairs to the door of the complainants refrigerator and in spite of due repair of said door’s defect the complainant is not taking back the same and returning the stand by set . In the circumstances of its non reply by the complainant in any other manner discrediting the bonafidees and truth of said notice contents what remains clear is that the opposite party retaining the defective door of the complainants refrigerator for necessary repairs , returned the remaining part of the refrigerator to complainant besides to furnishing him a stand by set worth Rs.7,500/- under Ex.B1 for temporary use of the complainant .
12. As there being neither any endeavour on the part of the complainant in establishing that the defect of said door not rectified properly inspite of repeated complaints by requiring the opposite party for production of said defect rectified door of the complainant for examination by any expert or atleast for the observation of the forum during enquiry of this case , nor there being any response of the complainant to the Ex.B2 , letter of the opposite party being in receipt of it under postal acknowledgement in Ex.B2 , in any other manner in rebuttal to the E.xB2 contents there appears every bonafidees in the contentions of the opposite party as to his written version and sworn affidavit averments as to the aspect of its attending repairs to the defect door of the complainant’s refrigerator and furnishing a stand by refrigerator to the complainant for the temporary use pending repair of the defect door of the complainant’s refrigerator and the complainant himself with an ulterior motive and intention is not taking back the repaired door and retaining the stand by set without returning it to the opposite party .
13. Hence there being any merit and force in the cause of action of the complainants case, the case of the complainant is dismissed with costs directing the complainant to take back the defect rectified door of his refrigerator getting it fitted to his refrigerator by paying necessary charges to the opposite party and return the stand by set to the opposite party at the same time along with cost of Rs.2,000/- U/S 26 C.P.Act to the opposite party for this frivolous litigation. Time granted for compliance of the order is one month from the receipt of this order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 25th day of November, 2008.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Cash bill dated 23-02-2001 for Rs.10,500/-.
Ex.A2. Acknowledged dated 30-11-2005 for job No.971 and
as to receipt of Rs.500/-.
Ex.A3. User manual along with warranty card of kelvinator.
List of exhibits marked for the opposite parties:
Ex.B1. Call sheet cum claim form No.11 dated 18-04-2006
arrangement of stand by set.
Ex.B2. Office copy of legal notice dated 05-01-2007 addressed
to Complainant along with one postal acknowledgement
marking its copy to complainants official address and
to the principal of its office along with postal receipt
and to returned covers addressed to complainant
official address an d to the principal.
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
