DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 27th day of October, 2011
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi A.K, Member Date of filing: 19/08/2011
CC/136/2011
Saleem. V,
Fiza, Karinkarapully, - Complainant
Kadamkode, Palakkad
(Party in person)
Vs
Manzoor,
Car A/C Fitting Service, - Opposite party
Porikkara Street, Noorani,
Palakkad
O R D E R
By Smt. Bhanumathi. A. K, Member
The case of the complaint is as follows:
There occurred some problems regarding the cooling in the fridge of the complainant and contacted a fridge mechanic named Manzoor. The mechanic checked the fridge and informed the complainant that the problem is due to the leakage of the gas and an amount of Rs. 1,200/- will be needed to rectify the defect. The mechanic took the fridge to his shop and returned back on 2/4/2011 saying that the compressor, condenser and gas were replaced and it costs Rs. 3,650/-. The complainant paid the said amount. But the two days after fridge again became damaged and it was informed to the mechanic. On 3/5/2011 the mechanic came and took the fridge to his shop saying the error is occurred due to the pumping problem. Rs. 150/- as auto charge for the same was given by the complainant. There after the mechanic neither returned the fridge nor attend the phone calls made by the complainant. The complainant went directly to the opposite party's shop but he was not there.
So the complainant seeking an order directing the opposite party to return the repaired fridge and an amount of Rs. 10,000/- as compensation for mental agony and financial loss.
Even though the opposite parties served notice they are not appeared before the Forum and remained exparte.
Complainant filed affidavit and Ext.A1 series marked.
Heard the complaint.
Issues to be considered are;
1) Whether there is any deficiency in service on the part of opposite parties?
2) If so, what is the relief and cost?
Issues I & II
The complainant is regarding deficiency of service on the side of the opposite party in not giving the repaired refrigerator after receiving whole of the repairing charge. The complainant entrusted his refrigerator with the opposite party for repairing. Repairing charge of Rs. 3,650/- also paid. But two days after, the refrigerator became disorder. The complainant informed the same to the opposite party. On 3/5/2011 opposite party came and took away the refrigerator to his shop for repairing. There after the opposite party did not give back the refrigerator to the complainant. Opposite party is not attending the phone calls made by the complainant. After accepting the whole amount of repairing charge the opposite party failed to give back the refrigerator in good condition. It is deficiency of service on their part.
In the result complaint allowed. The opposite party is directed to give back the refrigerator in good working condition within one month from the date of receipt of order and pay an amount of Rs. 2,000/- as compensation and Rs. 500/- as cost of the proceedings. If the order not complied within the stipulated period the complainant is entitled to get an additional amount of Rs. 5,000/-.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of receipt of order till realization.
Pronounced in the open court on this the 27th day of October, 2011
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 series—Original of Cash memo issued by the opposite party to the complainant dated 2/4/2011 and Original of Guarantee card bearing Reference No: 61311.
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. 500/-(Rs. Five hundred only) allowed as cost of the proceedings.
