IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of December, 2017
Filed on 25.08.2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.227/2017
Between
Complainant:- Opposite parties:-
Smt. Remya Naveen 1. KAIL Ltd, (Kelvinator)
W/o Naveen 171, 17th Floor Mittal Court C- Wing
Kurungattu House Nariman Point, Mumbai 4000 21
Thathampally.P.O
Alappuzha 2. Global Appliances
K.K.Road
Near Private Bustand
Mala, Trissur
3. Cool Tech Refirgerator
Sanathanapuram Ward
Karalcode, Alappuzha
O R D E R
SMT. JASMINE D. (MEMBER)
The complainant purchased a fridge manufactured by the 1st opposite party at the time of purchase the opposite party assured 5 years warranty for the product. On 10/3/17 the complainant noticed that freezer to the Fridge was burnt. The incident was intimated to the 2nd opposite party. The 2nd opposite party informed the complainant that they intimate the matter to the 1st opposite party and the 1st opposite party is willing to rectify the defect. Accordingly service person from the 3rd opposite party inspected the fridge and took photo graphs. But later informed the complainant that they have to pay the repairing charges of Rs. 8000/- to rectify the defects. According to the complainant the fridge was burnt not due to any electricity fluctuations. According to the complainant the fridge was burnt due to the manufacturing defect of the product. Since the opposite party failed to replace the same the complainant sustained much mental agony and hence filed this complaint seeking refund of the fridge together with compensation and cost.
2. Notice was served to the opposite party. Opposite party 1 and 3 represented before the Forum 2nd opposite party did not appear before the and hence set exparte.
3. Complainant produce Original retail invoice.
4. Considering the allegations of the complainant the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any relief ?
5. Issues :-
The case of the complainant is that she purchased a Fridge on 23/4/2014 for an amount of Rs. 12,500/- and the product has 5 years warranty. During the warranty period the freezer of said fridge was burnt. The complainant requested to replace the fridge, but opposite party failed to do so, hence filed this complaint. Opposite party 1 and 3 represented before the Forum and submitted that they are ready to to give a new fridge to the complainant if she pay an amount of Rs. 6000/-. But the complainant was not willing for the settlement as she already bought a new fridge and she needs refund of the price of the fridge the fridge she purchased has 5 years warranty and the fridge was burnt during warranty period and she demands refund of the price of the product. Admittedly the product purchased on 23/4/2014 and the case was filed on 25/8/17. So it is clear that the complainant had used it for a period more than 3 years. So we are of the opinion that the complainant is entitled to get refund of the price of the fridge after deducting 20% depreciation and the opposite parties are jointly and severally liable for the same.
In the result the complaint is allowed. Opposite parties are directed to refund the price of the fridge after deducting 20% depreciation ie Rs. 8750 (Rupees Eight thousand seven hundred and fifty only) to the complainant and the complainant is directed to return the defective product to the opposite parties simultaneously. No order as compensation and cost.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 30th day of December, 2017.
Sd/-Smt. Jasmine.D. (Member)
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of Retail Invoice
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- br/-
Compared by:-
