BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 16/06/2014
Date of Order : 19/11/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 468/2014
Between
Mathew George, | :: | Complainant |
Manimuriyil House, Link Park Lane, Pachalam. P.O., Kochi – 682 012. | | (By Adv. Tom Joseph, Court Road, Muvattupuzha – 686 661.) |
And
Manager, Whirlpool of India Ltd., | :: | Opposite Party |
Seminary Building, Cochin University Road, Kalamassery – 683 104. | | (Absent) |
O R D E R
V.K. Beena Kumari, Member.
1. This complaint is filed by the complainant alleging deficiency in service on the part of the opposite party is not repairing the refrigerator which he had purchased on 17-03-2009.
2. Inspite of service of notice from this Forum, the opposite party did not respond to the same. Proof affidavit has been filed by the complainant. The documentary evidence produced by the complainant was marked as Ext. A1. Heard the learned counsel for the complainant.
3. The complainant purchased the refrigerator for Rs. 21,900/- vide Ext. A1 invoice dated 17-03-2009. According to the complainant, the machine became defunct on 09-05-2014 due to the defect of the door. It is stated that the technician of the opposite party attended to the machine and opined that the defect can be cured by replacing the door. However, the door was not available with the opposite party, since the opposite party had stopped manufacturing of the particular model refrigerator purchased by the complainant.
4. It is to be noted that the manufacturer had offered unconditional warranty for the machine. However, they could not repair the same for their own reasons. The learned counsel for the complainant submitted that the complainant had to purchase another refrigerator owing to the inordinate delay on the part of the opposite party to rectify the defect. The above conduct on the part of the opposite party amounts to deficiency in service on the part of the opposite party. We think that a higher compensation as prayed for would suffice to mitigate the grievance of the complainant. We are not inclined to award any costs in this case.
5. In the result, we partly allow the complaint and direct that the opposite party shall pay Rs. 10,000/- (Rupees Ten thousand only) to the complainant towards compensation for the reasons stated above.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order, failing which the above amount shall carry interest @ 12% p.a. from the date of complaint till realisation.
Pronounced in the open Forum on this the 19th day of November 2014.
Forwarded/By Order, Sd/- V.K. Beena Kumari, Member.
Sd/- A. Rajesh, President.
Sd/- Sheen Jose, Member.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the retail invoice dt. 17-03-2009 |
Opposite party's Exhibits :: Nil
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