DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 29th day of June, 2007<br /> <br /> Present: Prof.O.Unnikrishnan, Member <br /> Mrs.K.P.Suma, Member<br /> <br /> C.C.No.148/2006<br /> P.S. Abdul Rahiman,<br /> Super Bakery<br /> Kulappully<br /> Shornur -2<br /> Ottappalam Taluk - Complainant <br /> <br /> Vs<br /> <br /> K.A. Faizal<br /> Island Fridge Repair Shop<br /> Opp. Vaniyamkulam Co-op Bank<br /> Vaniyamkulam<br /> Ottappalam - Opposite party <br /> <br /> O R D E R<br /> <br /> By Mrs.K.P.Suma, Member<br /> <br /> Complainant alleges that his Godrej refrigerator of 165 ltrs. was entrusted to the opposite party for repair on 29.08.06. The opposite party has taken out the fridge with stand, stabilizer and tray for carrying out the followings works such as; replacing old compressor of fridge with new one, to check the stabilizer, to fix a flat on the stand and to replace the plastic tray at the bottom of the fridge with new one and the opposite party informed the complainant that a sum of Rs.2,500/- will be incurred for these works and collected a sum of Rs.200/- as advance on the same day. Complainant further submits that, on 30.08.06, the opposite party collected Rs.600/- for purchasing compressor and Rs.250/- on 2.9.06. On 10.9.06 the opposite party contacted the complainant, at his shop, in person and informed that the fridge was supplied at the complainant's home after repairs and he requested to give additional amount as there was additional works and the complainant gave him a sum of <br /> <br /> Rs.1,250/- (Total Rs.2,300/-). Complainant alleges that when the fridge was switched on the problems, same as it had before repairs, were persisting. Complainant further alleges that the compressor was not replaced only black painting was done. On 12.9.06, the complainant called another person who was working with the opposite party and informed the matter and threatened that he will initiate legal proceedings against the deficiency in service committed by the opposite party. On 14.9.06 the opposite party came to complainant's home and collected the compressor and Rs.50/- and assured him to replace the compressor with a new one. But the opposite party did not turn till filing this complaint. Moreover the opposite party is avoiding the complainant. Complainant alleges that the act of opposite party is clear deficiency in service and the complainant has suffered financial loss and mental agony as he cannot use the refrigerator. <br /> <br /> Complainant approach this forum praying to direct the opposite party to return the compressor, stand, stabilizer along with Rs.2,350/-, to give Rs.10,000/- as compensation towards the mental agony along with interest @12% p.a, cost and other reliefs as the forum deems fit and proper.<br /> <br /> After admitting the complaint notice was served to the opposite party. But the notice was returned unserved. Complainant carried out Substitute Service against opposite party through paper publication and the same was produced. Opposite party remained absent. Hence he was called and set ex-parte.<br /> <br /> Complainant filed proof affidavit. Ext A1 was marked.<br /> <br /> Since the opposite party had not appeared before the Forum to deny the allegations in the complaint the complaint is allowed as exparte.<br /> <br /> Hence we direct the opposite party to return the compressor along with stand and stabilizer and also to refund Rs.2,350/- (Rupees Two thousand three hundred and fifty <br /> <br /> only) collected from complainant and also to pay Rs.1,000/- (Rupees One thousand only) as compensation for the mental agony suffered along Rs.500/- (Rupees Five hundred only) towards cost of litigation. <br /> <br /> The aforesaid amount shall be paid within one month from the date of communication of this order failing which the complainant is entitled to get 12% interest from the date of complaint till realization.<br /> <br /> Pronounced in the open court on this the 29th day of June, 2007 <br /> <br /> Member (Sd) <br /> <br /> Member (Sd)<br /> <br /> Appendix<br /> <br /> Exhibits marked on the side of complainant <br /> Ext.A1 – Cash bill dtd.29.8.06 issued by opposite party to complainant <br /> Exhibits marked on the side of opposite party<br /> Nil<br /> Costs (Allowed)<br /> Rs.500/- (Rupees Five hundred only) allowed as costs towards cost of litigation