DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Palakkad, Kerala

Dated this the 21^st day of March, 2012

Present : Smt.Seena.H. President

: Smt.Preetha G Nair, Member

: Smt.Bhanumathi A.K, Member Date of filing: 28/03/2011

CC/52/2011

Shobhana,

W/o Madhusoodhanan,

Kunnath Nalupura House, - Complainant

Kariyankode P.O, Kottayi,

Palakkad- 678 702

(By Adv. S. Vinodh)

Vs

1. The Manager,

Electrolux, Videocon Industries Ltd,

Regd. Office: Auto cars compound,

Adalath Road, Aurangabad,

Maharashtra

2. The Managing Director,

Electrolux, Videocon Industries Ltd,

Regd. Office: Auto cars compound,

Adalath Road, Aurangabad, - Opposite parties

Maharashtra- 431 005

3. The Manager,

Electrolux, Videocon Industries Ltd,

SYDA Building, 2^nd Floor,

Opposite Ignow Regional Centre,

Kaloor Kadavanthra Road,

Kaloor, Cochin-682017

4. The Managing Director,

Jamal Sales Corporation,

EI/39/2014, Jamal Building

Court Road, Palakkad

(By Adv. Akbar ali)

O R D E R

BY SMT. SEENA. H, PRESIDENT

Complaint in brief:

Complainant purchased a refrigerator from 4^th opposite party on 21/01/2010 by availing a loan from Co-operative Bank. Warranty card was issued in the name of the husband of the complainant. The refrigerator bears one year warranty. It started showing defects from the date of purchase itself. Complaints were intimated to 2^nd opposite party in time. 4^th opposite party replaced the compressor twice and freezer was replaced once within a span of 1 year from the date of purchase. Body of the refrigerator started rusting within one month from the date of purchase. The door, inside body, lower part including platform etc were damaged by rust. Refrigerator is not in a working condition. Water is leaking from it through the backside and rusted portions. Compressor and freezer which was replaced also showed defects. The above complaints is due to the manufacturing defects of the refrigerator. Though the defects were intimated to the opposite parties, they failed to take steps to check the defects. Hence the complaint. Complainant prays for a order to replace the refrigerator with a new one and refund the price along with Rs. 1400/- being the interest paid for loan and Rs. 25,000/- as compensation and expenses.

1^st to 3^rd opposite parties was set exparte. 4^th opposite party filed version admitting the purchase of the refrigerator. According to 4^th opposite party, the after sale services is the responsibility of 1^st and 3^rd opposite parties, the manufacturing company and their service centres. 4^th opposite party has duly informed about the grievance of the complainant to the 1^st and 3^rd opposite parties. Hence there is no deficiency in service on the part of 4^th opposite party.

The evidence of the complaint consists of the chief affidavit and Ext A1 to A5 documents. 4^th opposite party filed chief affidavit. No documentary evidence on the part of opposite parties. Commission report is marked as Ext.C1.

Issues to be considered are:

1. Whether there is any defect in the refrigerator supplied to the complainant?

2. If so, what is the relief and cost complainant is entitled to?

Issues I & II

The specific case of the complaint is that the refrigerator purchased by the complainant from the 4^th opposite party turn out to be defective within the period of warranty itself. Compressor and freezer was replaced and rusting was noted in many points. Though informed none of the opposite parties cared to rectify the defects.

4^th opposite party, the dealer on the other hand contented that the grievance of the complainant was duly informed to 1^st and 3^rd opposite parties. Opposite parties being the manufacturer has the responsibility to carryout the after sale services through their service centres 2^nd and 3^rd opposite paties. Hence there is no deficiency in service on the part of 4^th opposite party. 1^st to 3^rd opposite parties were set exparte.

Heard both parties and has gone through the evidence on record. It is an admitted case that the complainant has purchased the said refrigerator from 4^th opposite party on 21/01/2010. Ext. A5 shows that it has 12 months warranty. In addition to it, there is an additional 48 months warranty for compressor alone. Ext. A2, Ext. A3 series and Ext. A4 series, i.e. lawyer notice dated 27/11/2010 along with postal receipts and acknowledgement reveals the fact that complainant has taken steps to intimate his grievance to the opposite parties. 1^st to 3^rd opposite parties failed to appear before the Forum also. 4^th opposite party cannot be absolved from liability for the reason that the after sale services is the responsibility of the company. Customer has only direct contact with the dealer. The subject matter of the case is sale of defective good, for which the responsibility of the dealer is in par with the manufacturer.

The expert Commissioner has also noted many defects in the regrigerator while examination. It is stated that thermostat of the regrigerator is defective, door and platform has rusted, there is bent in the door beeding and hence door will not get closed properly etc., It is also stated that the freezer is working properly. No defect as to the compressor is stated in the report.

On going through the evidence on record we find that although manufacturing defect as such is not proved, there are many defects noted by the Commissioner. No contrary evidence is produced by the opposite parties in this case.

In view of the above stated facts and circumstances of the case, we allow the complaint.

In the result complaint allowed. All opposite parties are jointly and severally directed to pay complainant an amount of Rs.10,000/- (Rupees Ten thousand only) as compensation and Rs. 1,000/- (Rupees One thousand only) as cost of the proceedings.

Order to be complied within one month from the date of receipt of order failing which the whole amount shall carry interest @ 9% per annum from the date of order till realization.

Pronounced in the open court on this the 21^st day of March 2012.

Sd/-

Smt. Seena. H

President

Sd/-

Smt. Preetha. G. Nair

Member

Sd/-

Smt. Bhanumathi. A. K

Member

A P P E N D I X

Exhibits marked on the side of the complainant

Ext. A1— Original of receipt issued by the 4^th opposite party to the complainant dated

13/1/2010.

Ext. A2-- Copy of lawyer notice sent by the complainant to the opposite parties dated

27/11/2010.

Ext. A3 series— Original of lawyer notices with acknowledgemnet card sent by the complainant.

Ext. A4 series— Acknowledgement cards with postal receipts addressed to 2^nd and 4^th

opposite parties.

Ext. A5— Original of Electrolux refrigerator warranty card issued by the 4^th opposite party to the complainant.

Exhibits marked on the side of the opposite party

Nil.

Witness examined on the side of the complainant

Nil.

Witness examined on the side of the opposite party

Nil.

Cost allowed

Rs. 1,000/- allowed as cost of the proceedings.

Commission Report

C1 – Commisson Report