BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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                                        Complaint Case No : 1502 of 2009

                                        Date of Institution   :    18.11.2009

                                        Date of Decision     :    14.12.2009

B.B.Puri son of Late Sh.Om Parkash Puri, House No.391, Labour Bureau Society, Sector 49-A, Chandigarh.

….…Complainant

                                V E R S U S

M/s Paradise Refrigeration & Electrical, Booth No.16, Sector 33-C, Chandigarh.

                                        ..…Opposite Party

CORAM:    SH.JAGROOP SINGH MAHAL       PRESIDENT

                SH.SIDDHESHWAR SHARMA         MEMBER

DR.(MRS) MADHU BEHL              MEMBER

Argued by:        Complainant in person.

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

                The Whirlpool Refrigerator of complainant on having some problem in giving proper cooling was got checked from OP, who changed its Compressor and charged Rs.3000/- vide Ann.I and gave one year warranty on compressor.  However, the said refrigerator again gave same problem in the month of Sept., 2009 and as such, it was again checked by OPs, who again changed its compressor and charged Rs.1000/- vide Ann.II inspite of the fact that the earlier compressor fitted by them was having one year warranty.  The complainant visited the OP personally and requested for refund of Rs.1000/- charged by them being illegal & arbitrary, but to no avail.  Therefore, the present complaint has been filed alleging the above act of OP as gross deficiency in service and unfair trade practice due to which complainant had to suffer a lot. 

2]             OP was served for 02.12.09 but he did not turn up despite having been duly served.  Therefore, the OP was proceeded against exparte. 

3]             Complainant led evidence in support of his contentions.

4]             We have heard the complainant in person and has also perused the record. 

5]             According to the complainant the refrigerator was repaired and a new compressor was provided on 15.06.09 vide annexure-1.  It carried a warranty of one year as mentioned in annexure-1 itself. In case of defect it was therefore required to be repaired or the compressor was to be replaced free-of-cost. However, the OP charged Rs.800+Rs200=Rs.1,000/- vide annexure 2, dated 16.09.09 for replacing the compressor.  The OP was not entitled to this amount and charging of Rs.1,000/- contrary to the undertaking given by him is an unfair trade practice.  It appears that is why the OP has not come forward to contest this complaint even inspite of service because it appears the OP feels that it has no defense to make against the request made by the complainant. 

6]             We are therefore of the opinion that the complainant is entitled to the refund of Rs.1,000/-.  The OP is directed to pay a sum of Rs.1,000/- alongwith costs of litigation of Rs.5,00/- with in 30 days of the receipt of the copy of this order, failing which they would be liable to pay the same alongwith penal interest @12% p.a., since the filing of the present complaint i.e. 18.11.2009, till the amount is actually paid to the complainant.

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                Certified copies of this order be sent to the parties free of charge.  The file be consigned.