BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

17^th DAY OF OCTOBER 2016

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OP) with a prayer to direct the OPs to replace the Refrigerator, to pay compensation of Rs.50,000/- towards loss incurred by the complainant together with litigation cost of Rs.2,000/-.

2. The brief averments made in the complaint are as under:

The complainant purchased new Godrej RT EON 260 PS 3 Spring Silver Refrigerator from OP-2 on 07.06.2015 by paying Rs.23,904/-.  But after a week the said Refrigerator stopped working.  The complainant asked OPs for repair of the Refrigerator through phone.  The technician sent by OP-1 could not repair the Refrigerator since from 11 months from the date of its purchase.  The OPs giving one or the other reasons for their failure in repairing the Refrigerator.  Complainant felt deficiency of service on the part of OPs.  Complainant got issued notice to OPs on 17.05.2016 calling upon the OPs to replace the Refrigerator within 15 days.  OPs neither replied the notice nor replaced the Refrigerator.  Hence complainant approached the Forum for seeking relief.

3. After registration of the complaint notice issued to OPs.  Despite service of notice, OP-2 failed to appear before the Forum and was placed ex-parte.  Sri.R.K Kiran, Advocate filed power for OP-1 but failed to file version.

4. In support of the complaint averments, Mr.M.Harish, filed his affidavit by way of evidence reiterating the complaint averments and produced documents.

5. The above said assertions of the complainant have remained unchallenged.  OPs neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. From the available materials on record, the failure of the OPs to exchange the Refrigerator with new one or refund the amount paid by the complainant amounts to deficiency of service and unfair trade practice on the part of OPs.

7. Perused the documents produced by the complainant.  Document No.1 is the copy of cash/credit bill of OP-2 issued to complainant dated 07.06.2015 for Rs.23,904/-.  Document No.2 & 3 are the copies of complaints issued to both the OPs requesting to replace the refrigerator or refund the money clearly shows the negligent act of OPs must have caused hardship, inconvenience and mental agony to the complainant.  This act of OPs in not providing the proper service or refund of the amount to the complainant inspite of notice amounts to deficiency in service on the part of the OPs.  The very fact of OPs not contesting the proceedings leads us to draw an inference that OPs are admitting the claim of the complainant.  There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced.  The complainant suffered inconvenience and mental agony due to non performance of the promise made by the OPs.    The OPs did not appear and contest the claim of the complainant.  Under the circumstances, we are of the considered view that OPs are jointly and severally liable to replace the Refrigerator or refund the amount of Rs.23,904/- along with compensation of Rs.5,000/- together with litigation cost of Rs.2,000/-.

8. Hence, we proceed to pass the following:

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.  OPs directed to replace the Refrigerator in question with a brand new or return Rs.23,904/- to the complainant being the value of the said Refrigerator.  Further the OPs are directed to pay a compensation of Rs.5,000/- to the complainant for causing mental agony, hardship & inconvenience to the complainant along with litigation cost of Rs.2,000/-.

OPs shall comply the order passed by this Forum within four weeks from today.

Furnish free copy of this order to both the parties.            

 (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 17^th day of October 2016)

MEMBER                            MEMBER                     PRESIDENT

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COMPLAINT No.723/2016

Complainant                 -        Sri. M.Harish,

Bangalore-560079.

                                            -vs-

Opposite Parties           -        1) Branch Manager,

Godrej Appliances,

Bangalore-560001.

2) Director,

Girias Investment Pvt. Ltd.,

Bangalore-560010.

Witnesses examined on behalf of the complainant dated 21.09.2016.

1. Sri. M.Harish.

                 OPs  -       Absent

MEMBER                            MEMBER                     PRESIDENT

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