BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 12/08/2014
Date of Order : 06/11/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 601/2014
Between
G.S. Pai, | :: | Complainant |
MBCRRA 161 A, Mamangalam, B.T.S. Cross Road, Edappally – 682 024, Ernakulam. | | (Party-in-person) |
And
Kelvinator, | :: | Opposite Party |
Customer Care Centre, Kandathil Building, Karshaka Road, Near South Over Bridge, Cochin – 682 016. | | (By authorised representative) |
O R D E R
Sheen Jose, Member.
1. The complainant present. The representative of the opposite party also present. The opposite party expressed their willingness to repair the defect of the refrigerator, if the complainant pays 50% of the repair cost.
2. We have heard the complainant who appeared in person and the authorised representative of the opposite party and also perused the documents produced before this Forum. The documents produced by the complainant goes to show that he had to repair the refrigerator, time and again, during the warranty period that too on payment basis. We are of the view that the opposite party is not entitled to collect any amount either by way of service charge or repair charges during the warranty period. The above conduct of the opposite party amounts to deficiency in service. In that case, we think that a direction to the opposite party to repair the defect of the refrigerator and to make the same in working condition is enough to console the grievances of the complainant.
3. Accordingly, we allow the complaint in part and direct that the opposite party shall repair the defects of the refrigerator by replacing the necessary components and to make it in working condition within 30 days from the date of receipt of a copy of this order, failing which the opposite party shall replace the refrigerator with a new one according to the choice of the complainant on payment of 50% of the purchase price of the disputed machine. The difference in price shall met by either.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 6th day of November 2014.
Sd/- Sheen Jose, Member.
Sd/- A. Rajesh, President.
Sd/- V.K. Beena Kumari, Member.
Forwarded/By Order,
Senior Superintendent.
