Complaint filed on: 19-08-2010

                                                      Disposed on: 26-10-2010

BEFORE THE BANGALORE IV ADDITIONAL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052           

C.C.No.1943/2010

DATED THIS THE 26^th OCTOBER 2010

PRESENT

SRI.D.KRISHNAPPA., PRESIDENT

SRI.GANGANARASAIAH., MEMBER

SMT. ANITA SHIVAKUMAR. K, MEMBER

Complainant: -             

                                                Mr.Sadiq Amhmed

                                                S/o. Abdul Hai,

                                                Aged about 68 years,

                                                Residing at No.64,

                                                Teachers colony,

                                                H.B.R. II Block, Hennur,

                                                80 feet road, Bangalore-43

V/s

Opposite parties: -       

                                      1.       Home Solutions Retail (India) Ltd,

                                                HSRIL CDC-Bangalore,

                                                Dasanapura hobli,

                                                No.79/1A, Akbari Bano Rural

                                                Godown, ADAK, Amaranahalli,

                                                Dasanapura hobli, Tumkur Road,

                                                Bangalore-23

                                      2.       Videocon, #1245,

                                                1^st Cross, BEML, 3^rd stage,

                                                Rajarajeshwari Nagar,

                                                Bangalore

                                                Represented by Managing

                                                Director

O  R D E R

Smt.Anita Shivakumar.K., Member

Grievance of the complainant against the opposite parties [hereinafter called as OPs for short) in brief is that, he purchased a Electrolux refrigerator (the manufacturing company of Electrolux is now merged with Videocon who is Op2 in this complaint) with 360 letres capacity from authorized dealer of company who is Op1 in this complaint i.e. Home Solutions Retail (India) Ltd on 23/11/2009.  Complainant had paid Rs.18,649.98 towards the full consideration amount through his credit card and Op1 had issued receipt for the same bearing no: 137328731 dated 23/11/2009. Within 5 months of purchase, the said refrigerator started giving trouble, Complainant had contacted the Ops immediately through phone and registered the complaint bearing no 0804100154 on 8/4/2010. Op1 failed to attend the problem though Op1 told Complainant to send service person within 2 days. Complainant again contacted on 15/4/2010 complaint registered no: PAL 1504100168. On 16/4/2010 one serviceman of Op1 checked and replaced PCB after two days and he told Complainant that refrigerator start working after 8 hours, if it has any problem he assured to rectify. Complainant found the disfunctioning of refrigerator and the same has been informed to Op-1 and one Mr.Harish, supervisor checked and he could not rectify it. He came along with Mr.Sanjeev an expert, inspected thoroughly and declared that refrigerator has to be replaced within 15 days. Complainant waited till 15 days no one pass information regarding replacement. Complainant spoke to superior officers of Op 1 and Op2. He repeatedly request to  Ops through telephone and several requests made through E-mail dated 29/7/2010, 30/7/2010/, 4/8/2010 and 19/8/2010 to Ops customer care centre, Ops neither replaced it as promised nor rectified the refrigerator  as usable one.  Hence, Complainant  seeking direction from this forum to refund his amount of Rs.18,649.98 with interest 24%  and Rs.50,000/- compensation and cost. 

2. Notices sent to Ops which were duly served on Ops. Ops were absent on the date of appearance.  Hence, both Ops placed exparte.

          3. In the course of enquiry into the complaint, the complainant has filed his affidavit evidence reproducing what he has stated in his complaint. The complainant along with the complaint has produced a copy of invoice, a copy of E-mail correspondence and complaints registered with Op 2. We have heard the Complainant who is in person and perused the records.

          4. The complainant through his affidavit evidence and also copy of invoice has proved that he had purchased a refrigerator from the Op1 authorized dealer of Electrolux Company (who is presently merged with Op2) on 23/11/2009 for Rs.18,649.98. Within few months of his purchase he found some problem in cooling system which affects to the things preserved in it and found insects breeding inside the freezer due to lack of enough cooling. The problem has communicated to the Op1 immediately and after 2-3 complaints Op1 attended along with expert engineer and after thorough inspection he told that it can not be rectified and replacement will be done within 15 days. With the assurance given by service person and expert who visited to attend the defective refrigerator, Complainant waited 15 days. After several request and e mail complaints sent to the customer care centre of Op2 and the same has been sent to CEO of the company ,Ops never took trouble to keep up their promise so far. All the reply e mails of customer care centre stated” sorry for inconvenience” , indicates Ops are so negligent towards customers despite the receipt of complaints of Complainant . Ops took the issue so simple but the problem faced by the Complainant is harassed by such an attitude of Ops.  By investing Rs.18,649.98 on the fridge with of no use and lying defective, useless fridge with Complainant  is mental torture to the Complainant  everyday. So he claimed for compensation with full amount to be refunded for which he is entitled to.

 5. Since he and his family members suffered hardship with supply of defective fridge by the Ops and it is not replaced as assured since from the month of April 2010. Though, the Complainant requested orally through phone and Emails, not responded properly.   

6. The Ops appears have not responded to notice therefore the grievance of the complainant that the fridge is not working, and not replaced since has not been denied by the OP’s, the grievance of the Complainant can not be disbelieved. Therefore we find deficiency in the service of OP’s and therefore are liable to answer to the short coming caused by them. Complainant as stated above has proved the manufacturing defect in the fridge which is not replaced so far, he is entitled for refund of money. We find that, the complaint is to be allowed, accordingly and we pass the following order: 

O R D E R

 Complaint is allowed.

Op’s are jointly and severally directed to refund cost of fridge rounded off to Rs.18,650/-  to the complainant  with interest @ 12% p.a from the date of complaint i.e 8/4/2010  till it is repaid

Complainant shall hand over the defective fridge to the 2^nd OP after receipt of the amount.

          Ops are directed to pay damages of Rs.2,000/- to the complainant towards inconvenience, harassment and mental agony and Ops shall pay aforesaid amount within 15 days from the date of receipt of this order. Failing which, they shall pay interest at 12% per annum on Rs.2,000/- till it is paid.

          Ops shall also pay cost of Rs.1,500/- to the complainant.

Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 26^th October 2010.

Member                         Member                         President