D.o.F: 2/2/09 D.o.O:31/10/09IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.42/09 Dated this, the 31st day of October 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER Haneef Yousuf S/o Yousuf, Muttam Kunnil House, Mangalpady : Complainant Shiriya PO, Kumbla, (In person) 1. M/s Anuradha Enterprises, Bendichal Building,Bank Road,Kasaragod. (Exparte) : Opposite parties 2. Chandra Sekhar, Lakshmi Service Centre, Godrej Authorised Service Station, Beach Road,Kasaragod. (Adv.Rajesh,Kasaragod) ORDER SMT.P.RAMADEVI : MEMBER The facts of the case in short are as follows: The complainant Haneef Yousuf purchased one Refrigerator from the Ist opposite party, M/s Anuradha Enterprises, the dealer of Godrej Refrigerator on 22/8/2007 having got a warranty of 5 years . On 29/1/2007 the refrigerator was seen not working and the same is intimated to the Ist opposite party . On the very next day one technician came and he said that the compressor was not working and for the replacement of the compressor the complainant has to pay Rs.1600/-. Then as per the advise of the Ist opposite party the complainant approached 2nd opposite party. They also said that the company will charge Rs.1600/- for the replacement of the compressor. According to the complainant it is a manufacturing defect. Later the opposite parties behaved rudely to the complainant when he refused to pay Rs.1600/-. On 22/2/09 the complainant contacted the company directly but it was a futile attempt. The act of the opposite parties created mental agony and physical strain to the complainant. Hence the complaint is filed for appropriate remedies. 2. The opposite parties received notice and for Ist opposite party initially vakalath filed but no version filed. Then subsequently he was set exparte. 2nd opposite party filed version admitting the purchase of refrigerator by the complainant but denied all the allegation made against him. According to 2nd opposite party, he acted as per the terms and conditions of the warranty. 3. After considering the above facts following issues were raised for consideration. 1. Whether there is any deficiency in service on the part of the opposite parties? 2. If so what is the relief as to costs and compensation 4. The evidence of the complainant consists of PW1 and Ext.A1 marked. The opposite parties have not adduced any oral or documentary evidence. 5. Here the 2nd opposite party admitted the defect of the refrigerator and their willingness to repair the same. The opposite parties only demand is that as per the terms and conditions of warranty the authorized service center entitled to claim technicians vist charge of Rs.250/-. If it is beyond muncipal limits of the jurisdiction of the authorized customer service center. In this case the cost of Hydrocarbon gas was Rs.450/- and transportation charge from Uppala to Kasaragod Rs.400/-. When the complainant refused to pay the above said demand the customer service center denied their service. The complainant produced Ext.A1, the warranty card which shows the terms and conditions of warranty. . But the terms and conditions of the warranty are framed by the manufacturer at their own discretion and the customers are not bound to comply with the same. Usually an ordinary customers belief is that during the warranty period the material he purchased will be repaired by the company or service center free of cost. They may not be aware the conditions put in the warranty card. Here the technicians visit charge means his wages for his work in that day. The company can charge transportation charge or otherwise they can direct the customer to bring the article to their customer service center. But they are not entitled to claim other expenses. Here they charged Rs.1600/- for the replacement of compressor. It is not justifiable. The company or the authorized service center have an obligation to replace the compressor free of cost. Their denial to replace the compressor amounts to deficiency in service on the part of the opposite parties. We are of the opinion that there is deficiency in service on the part of opposite parties. Hence the complaint is allowed and 2nd opposite party is directed to replace the compressor after getting transportation charge from the complainant and also the Ist opposite party is directed to pay Rs.2000/- towards the cost of proceedings to the complainant. Time for compliance of the order is 30 days from the date of receipt of copy of the order. MEMBER PRESIDENT Ext.A1- warranty card. PW1- Haneef Yousuf MEMBER PRESIDENT eva/
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