IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 27th day of June, 2012.
Present :- Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C.No.78/2012 (Filed on 09.04.2012)
Between:
M.R. Lal,
Muthangapparampil,
Malayalapuzha Eam.P.O.,
Pathanamthitta Dist,
Pin – 689 664. ….. Complainant
And:
M/s. Aircon Multicare,
Authorised SVC Centre Tek Care
India (Pvt) Ltd., XII 184/1, 184/2,
Kulathummuriyil Building,
Kumbazha.P.O.,
Pathanamthitta – 689 653. ….. Opposite party
O R D E R
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that the opposite party is the authorized service centre of Videocon Refrigerator. The Videocon Refrigerator owned by the complainant become defective. So the complainant intimated opposite party about the complaint of his refrigerator. They came and inspected the refrigerator and told that the complaint is for the compressor and it has to be replaced. Accordingly on 25.04.2011, they have replaced the compressor and collected an amount of ` 3,800 for the said works. But after one week his refrigerator showed complaint again and it was also intimated to the opposite party. But they have not turned up. So he registered his complaint with the opposite party on 06.07.2011 and 28.12.2011. Thereafter he contacted the opposite party several time and finally on 27.02.2012 one technician of the opposite party came and inspected the refrigerator and told that gas filling is required. Accordingly, he filled the gas and collected ` 1,500 as gas filling charges. Even after this also, his refrigerator is not in order. So he contacted Mr. Rajeesh who is the in charge of the service centre to his Mobile No.9562933331 on several occasions. But they have not turned up so far. On enquiry the complainant came to understand that the replaced compressor is not the suitable compressor for the Videocon Refrigerator. Because of the above said acts of the opposite party, which is a deficiency in service, the complainant had sustained a loss of ` 9,500 and the opposite party is liable to the complainant for the same. Hence this complaint for the realization of ` 9,500 from the opposite parties.
3. In this case, opposite party is exparte.
4. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral testimony of the complainant as PW1 and Exts.A1 and A2. After closure of evidence, complainant was heard.
6. The Point:- The complainant’s allegation is that opposite party, the authorized service centre of Videocon Refrigerator repaired the complainant’s refrigerator twice and collected a total amount of Rs.5,300. Even after the said repairs also the complainant’s refrigerator is not working. The latest complaint of the refrigerator was also intimated to the opposite party several times. But they have not turned up or repaired the complainant’s refrigerator so far. The above said act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant also.
7. In order to prove the complainant’s case, the complainant adduced oral evidence as PW1 and produced two documents which are marked as Exts.A1 and A2. Ext.A1 is the cash receipt No.1031 dated 25.04.2011 for ` 3,800 issued by the opposite party in the name of the complainant. Ext.A2 is the cash receipt No.20117 dated 27.02.2012 for ` 1,500 issued by the opposite party in the name of the complainant.
8. As per Ext.A1, the compressor of the complainant’s refrigerator was replaced by the opposite party on 25.04.2011 and collected ` 3,800 from the complainant. As per Ext.A2, opposite party collected ` 1,500 from the complainant on 27.02.2012 for gas filling of the complainant’s refrigerator. From Exts.A1 and A2, it is seen that opposite party made repairs to the complainant’s refrigerator. But according to the complainant his refrigerator is not working in spite of the repairs carried out by the opposite parties. Since the opposite party is exparte, the complainant’s case stands proved as unchallenged. The attitude of the opposite party in non-attending the complainant’s complaint regarding the refrigerator, who is also the authorized service centre, is a clear deficiency in service and hence opposite party is liable to the complainant. Therefore, this complaint is allowable.
9. In the result, this complaint is allowed as follows:-
(1) Opposite party is directed to repair the complaints of the complainant’s refrigerator free of cost within 10 days from the date of receipt of this order.
(2) Opposite party is further directed to provide 6 months warranty from the date of carrying out the repairs for the repairing works already done and the works to be carried out. Opposite party is also directed to pay an amount of ` 1,000 (Rupees One Thousand only) as compensation and ` 500 (Rupees Five hundred only) as cost to the complainant within 10 days from the date of receipt of this order.
(3) In the event of non-compliance of this order by the opposite party, the complainant is allowed to realize ` 5,300 paid by him as per Exts.A1 and A2 from the opposite party along with compensation of ` 1,000 and cost of ` 500 with 10% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 27th day of June, 2012.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:-
Witness examined on the side of the complainant:
PW1 : M.R. Lal
Exhibits marked on the side of the complainant:
A1 : Photocopy of the cash receipt No.1031 dated 25.04.2011 for ` 3,800
issued by the opposite party in the name of the complainant.
A2 : Photocopy of the cash receipt No.20117 dated 27.02.2012 for `
1,500 issued by the opposite party in the name of the complainant.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) M.R. Lal, Muthangapparampil, Malayalapuzha Eam.P.O.,
Pathanamthitta Dist, Pin – 689 664. (2) M/s. Aircon Multicare, Authorised SVC Centre Tek Care
India (Pvt) Ltd., XII 184/1, 184/2, Kulathummuriyil Building,
Kumbazha.P.O., Pathanamthitta – 689 653.
(3) The Stock File.
