KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHPAURAM APPEAL NO.46/2002 JUDGMENT DATED: 26.3.2008 Appeal filed against the order passed by CDRF, Pathanamthitta in OP.264/01 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER 1. The Manager, Alwyn Bhavan, Sanatta Nagar, Hyderabad. 2. The Branch Manager, : APPELLANTS Alwyn, Aunit of Voltas Ltd., 35.1982 Shama Building, M.G.Road, Ernakulam. Represented by the Branch Manager, Voltas Limited, Shama Building, M.G.Road, Ernakulam, Who is duly Authorised and empowered to represent the appellant. (By Adv.R.S.Kalkura) VS. 1. M.J.Mamman, : RESPONDENTS Maruppal House, Chittur Junction, Konni, Pathanamthitta. 2. The Manager, M/s John Enterprises, Dealers in Home Appliances, Kumbazha Road, Pathanamthitta. JUDGMMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellants are the opposite parties 1 and 2 in OP.264/01 in the file of CDRF, Pathanamthitta. The appellants including the 3rd opposite party dealer is under orders to replace the refrigerator with a new brand one or to pay a sum of Rs.11800/- towards the cost of the Refrigerator, Rs.2000/- towards compensation and to pay Rs.500/- towards cost. 2. The respondents 1 and 2 in the appeal and the 3rd opposite party dealer although served with notice did not enter appearance and were called absent and set exparte. 3. It is the case of the complainant that he had purchased one 165 liters refrigerator from the 3rd opposite party and manufactured by the appellants has become defective and was not repaired by the opposite parties although troubles developed within the warranty period. 4. Opposite parties 1 and 2 filed version contending that their manufacturing unit has been sold to M/s Electrolux Ltd.,Gurgaon Road, Haryana on 1.10.98. And according to them the above company is a necessary party. 5. The 3rd opposite party also filed version denying the allegation. 6. The evidence adduced consisted of the testimony of PW1 Exts.P1to P3. 7. Sri.S.Reghukumar was appointed as Amicus curie to present the case on behalf of the 1st respondent/complainant. 8. The appellants have produced 3 documents before this commission to report their plea that matter has been settled and M/s Electrolux have repaired the Refrigerator. The above mentioned 3 documents are marked herein as Ext.B1 to B3. Ext.B1 is subsequent to the date of judgment of the Forum as per which the 3rd opposite party has intimated the Forum that M/s Electrolux have repaired the fridge of the complainant and the complainant has agreed that the proceedings will not be further pursued. Ext.B2 is the call sheet signed by the customer wherein it is mentioned that fridge has been replaced on 3.2.01. Ext.B3 is the photocopy of the letter of the complainant dated 10.11.01 mentioning that the complaints appear to have been rectified. In the circumstance also as submitted by the counsel of the appellant that no execution proceedings have been initiated till now it appears that the matter has been settled. In the result the appeal is allowed. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER | 
