BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM (CAMP SITTING AT MUVATTUPUZHA).
Date of filing : 11/04/2014
Date of Order : 23/08/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 292/2014
Between
C.T. Joy, | :: | Complainant |
Chembakassery House, Chathamattom. P.O., Kothamangalam – 686 671. | | (By Adv. Tom Joseph, Court Road, Muvattupuzha – 686 661.) |
And
1. Manager, M/s. Onida, | :: | Opposite Parties |
C/o. Adonis Electronics Pvt. Ltd., Main Branch, Block – A, Tharakandom Estate, Kurisupally Road, Ravipuram, Kochi – 15. 2. Proprietor, M/s. Pittappillil Agencies, P.O. Junction, Near Nirmala High School, Muvattupuzha – 686 661. | | (Op.pts. absent) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :-
The complainant purchased an Onida air conditioner from the 2nd opposite party on 17-04-2013 for Rs. 21,000/-. One year warranty was provided for the unit by the manufacturer. While so, after three months from the date of purchase, the air conditioner unit went out of order. A complaint was registered with the dealer. Though the technicians of the opposite parties attended the unit on four different occasions, they failed to rectify the defect. In the meantime, a step up unit was installed so as to overcome any voltage fluctuation as suggested by the technicians, but no improvement noticed. Finally, they attended the unit on 05-04-2014 and informed that the panel board has to be replaced. It is further informed that the board has to be brought from Bangalore and it will take at least 15 days for the arrival of the board. The failure of the A/c unit supplied by the opposite parties right from the beginning is due to the manufacturing defect of the air conditioner unit supplied to the complainant. The failure on the part of the technicians of the opposite parties to rectify the defects of the air conditioner unit even after repeated efforts would substantiate the manufacturing defect of the A/c unit. The complainant has been deprived of the air conditioner facility for the last several months due to the manufacturing defect of it. The purposeful omission on the part of the opposite parties to rectify the defects of the unit amounts to deficiency in service. The complainant suffered huge financial loss, hardships and mental agony due to the supply of the defective air conditioner unit by the opposite parties. The complainant is entitled for the refund of the price of the air conditioner unit Rs. 21,000/- along with interest at the rate of 12% p.a. from the date of purchase till realization from the opposite parties together with compensation and costs of the proceedings. This complaint hence.
2. The opposite parties were served with a notice of the complaint, they opted to remain absent for their own reasons not stated or spelled out. No oral evidence was adduced by the complainant. Ext. A1 was marked on his side. Heard the learned counsel for the complainant.
3. The points that arose for consideration are as follows :-
Whether the complainant is entitled to get refund of the price of the air conditioner from the opposite parties?
Whether the opposite parties are liable to pay compensation and costs of the proceedings to the complainant?
4. Point No. i. :- Ext. A1 goes to show that the complainant purchased an air conditioner from the 2nd opposite party on 17-04-2013 at a price of Rs. 21,000/-, which was manufactured by the 1st opposite party. According to the complainant, on several occasions, the air conditioner became defunct during the warranty period and in spite of repeated attempts, the technicians of the opposite parties failed to rectify the same. The contention of the complainant remains unrebutted and unchallenged. The conspicuous absence of the opposite parties in this Forum speaks volumes. The complainant is legally entitled to get refund of the price of the air conditioner from the opposite parties with interest.
5. Point No. ii. :- The primary grievance of the complainant having been met sufficiently, we refrain from awarding compensation. However, since the complainant has had to approach this Forum to get his grievances redressed for no fault of his, the opposite parties are liable to pay costs of the proceedings to the complainant. We award Rs. 2,000/- towards costs of the proceedings.
6. In the result, we allow the complaint in part and direct as follows :-
The opposite parties shall jointly and severally refund Rs. 21,000/- to the complainant being the price of the air conditioner to the complainant together with interest @ 12% p.a. from the date of complaint till realisation.
The opposite parties shall jointly and severally also pay Rs. 2,000/- to the complainant as regards costs of the proceedings.
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 23rd day of August 2014.
Forwarded/By Order, Sd/- A. Rajesh, President.
Sd/- Sheen Jose, Member.
Sd/- V.K. Beena Kumari, Member.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the retail invoice dt. 17-04-2013 |
Opposite party's Exhibits :: Nil
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