By. Smt. Renimol Mathew, Member:

Brief of the complaint;- The complainant purchased a Godrej EDGE Refrigerator on 27.10.2010. Within the warranty period it showed some irregularities in functioning, immediately the complainant intimated this to opposite party, who is the authorized service centre of Godrej Company. On 22.09.2011 opposite party shifted the Refrigerator from complainant's house for repair. Then complainant approached opposite party several times to take back the repaired Refrigerator, all these occasions opposite party said lame excuses. At last they offered final delivery of the repaired Refrigerator on 17.12.2011 but that was not done by opposite party. After 5 months opposite party demanded Rs.2,560/- from the complainant as repair charges. But complainant was not ready to pay the bill amount because the defect was caused within the warranty period. At the time of filing this complaint, the Refrigerator was in opposite party's custody remaining undelivered. So complainant alleged that the act of the opposite party is deficiency in service. They are bound to return the repaired Refrigerator at free of cost. The act of the opposite party creates many inconveniences to the complainant. He was forced to kept his mother's medicines in neighbor’s Refrigerator, so that he ispaying the electricity bill of his neighbor for the last 6 months. So he prays for a direction to return the repaired Refrigerator and pay cost and compensation Rs.8,400/-.

2. Opposite party version filed on 09.07.2012. He is conducting Godrej Company's authorized service centre at Mananthavady. They are providing their services under the Rules and Regulations of Godrej Company. According to opposite party the complainant reported the complaint on 17.12.2011. Company provides only 1 year warranty but complainant reported the complaint after the expiry of warranty period. On 18.12.2012 itself opposite party shifted the Refrigerator to his service center at Mananthavady. Opposite party repaired the Refrigerator within days. Even though warranty period

has elapsed company admitted to reduce the repair charge, and opposite party issued a Bill of Rs.900/- to complainant towards transportation charge. The allegations that opposite party demanded Rs.2,560/- for service charges was not true. Opposite party again stated that the complainant refused to pay the transportation charge. As per the the Warranty Terms and Conditions transportation and handling charges are intended to pay by the customers. This prevented opposite party from returning the Refrigerator within time. So there is no deficiency in service from the part of the opposite party he is always ready to return the repaired Refrigerator on receipt of the transportation charge.

3. On considering the complaint and version the following points are to be considered:-

1. Is there any deficiency in service on the part of the opposite party?

2. Relief and Cost.

4. Point No.1:- To prove the case, complainant filed chief affidavit and examined as PW1. Exts.A1 to A3 documents were also marked. Ext.A1 is the User Guide of Godrej Refrigerator.Ext.A2 is the Cash Bill of Godrej Refrigerator from Kallai Agencies Meenangadi, dated 15.10.2010. Ext.A3 is the photo copy of the Job Sheet. Ext.A1 document is a User Guide, no Warranty Card produced by the complainant to prove this case. Ext.A2 document is dated 15.10.2010 but as per the complainant's case he purchased the Refrigerator on 27.10.2010. So the Bill produced by the complainant is not sufficient to prove his case. As per the complaint Refrigerator was shifted to opposite party's shop on 22.09.2011 but the dates mentioned in the Job sheet are on 17.12.2011 and 27.12.2011 that means all the documents produced by the complainant is not sufficient to prove his case. The date of purchase mentioned in the complaint is not same as in the Bill. Complainant not filed any supporting documents to prove the warranty, and no evidence produced before this Forum to prove that whether the cause of action arose within the warranty period or not. More over that opposite party filed an Argument Note on 06.04.2013, which stated that on 23.03.2013 opposite party delivered the repaired Refrigerator to complainant's residence of free cost. Again he stated that he was ready to return the Refrigerator long back, but the dispute was regarding the transportation charge. Anyway complainant failed to prove, whether the repair work was done within the Warranty period or not. So we are in the opinion that there is no deficiency in service from the part of the opposite party. Point No.1 is found accordingly.

5. Point No.2:- The Bill produced by the complainant to show the purchase date is not admissible, the date of purchase mentioned in the Bill is different from that of the complaint. We couldn't see Warranty Certificate in Ext.A1. The story regarding the storage of medicine and the remittance of neighbor’s electricity bill etc... need more proof. The documents produced by the complainant is not sufficient to prove this case. The opposite party admitted that the Refrigerator was in his custody from 18.12.2011 to 23.03.2013 after the completion of repair. The complainant refused to take back Refrigerator after payment of transportation charge. This is the only reason for delay.

Any way on 23.03.2013 opposite party returned the Refrigerator to the complainant of free cost. So the complainant is not entitled for any cost and compensation as prayed. The point No.2 is decided accordingly.

In the result the complaint is dismissed. No order as to cost and compensation.

PRESIDENT :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-
 

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1. Aji Kunnath. Complainant.

Witness for the Opposite Party:

Nil.

Exhibits for the complainant:

A1. User Guide.

A2. Cash Bill. Dt:15.10.2010.

A3. Copy of Job Sheet. Dt:27.12.2011.

Exhibits for the Opposite Party.

Nil.

Sd/-
 

PRESIDENT, CDRF, WAYANAD.