BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 03/07/2013
Date of Order : 26/08/2013
Present :-
Shri. A. Rajesh, President.
C.C. No. 478/2013
Between
Suresh. V.R., | :: | Complainant |
S/o. Raman, Viruthiyil House, Thrurth, Aluva. | | (Party-in-person) |
And
1. M/s. Samsung India Electronics Pvt. Ltd., | :: | Opposite Parties |
Branch Office 37/993, C, 52/1339-C), 2nd Floor, Arya Bhangi Pinacle, S.A. Road, Elamkulam, Cochin – 682 020. 2. M/s. QRS ; QRS Retail Ltd., 434/32/1838-B, N.H. Bye-pass, Anjumana, Padivattom, Ernakulam – 682 024. | | (Absent) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :-
The complainant purchased a refrigerator from the 2nd opposite party on 08-12-2012 for Rs. 13,900/-. The 1st opposite party manufacturer has provided 2 years guarantee for the product from the date of purchase. The refrigerator was purchased for the house warming of the complainant. He could obtain the electric connection in March 2013 only. At that time, the complainant found that the refrigerator was not functioning. At the instance of the complainant, time and again, the service personnel of the opposite party rectified the various defects of the machine. They could not rectify the same. Finally on 14-03-2013, the technician of the opposite parties took the refrigerator to their workshop for repairs. Till date, the same is in their possession. The recurring defects of the machine was caused due to its inherent manufacturing defect. Thus, the complainant is before us seeking direction against the opposite parties to refund the price of the refrigerator together with compensation and costs of the proceedings. This complaint hence.
2. The opposite parties duly accepted the notice from this Forum, but they did not respond to the same for reasons not stated or explained. No oral evidence was adduced by the complainant. Exts. A1 to A3 were marked. Heard the complainant who appeared in person.
3. The points that arose for consideration are as follows :-
Whether the complainant is entitled to get refund of the price of the gadget?
Whether the opposite parties are liable to pay compensation and costs of the proceedings?
4. Point No. i. :- It is not in dispute that the complainant purchased a refrigerator from the 2nd opposite party on 08-12-2012 at a price of Rs. 13,900/- with one year warranty which was manufactured by the 1st opposite party evident from Ext. A1 retail invoice and Ext. A2 warranty conditions. According to the complainant, repeatedly he had to approach the opposite parties to get the defects of the machine repaired, however, the opposite parties could not rectify the same, since the machine suffers from inherent manufacturing defect. It is pertinent to note that the recurring defects have been caused within the currency of the warranty period. Moreover, the disputed machine was in possession of the opposite parties since 14-03-2013. The above conduct of the opposite parties goes to show that the machine suffers from inherent manufacturing defect. As per Ext. A2 warranty card, the complaint is entitled to get replacement of the defective machine with a new one according to the choice of the complainant.
5. Point No. ii. :- The complainant had to wander here and there without knowing what to do to get his grievances redressed, but to no avail due to the lackadaisical attitude of the opposite parties which calls for compensation and costs of the proceedings. This Forum fixes it at Rs. 1,000/- each.
6. In the result, this Forum partly allow the complaint in part and direct as follows :-
The opposite parties shall jointly and severally replace the defective refrigerator of the complainant with a new one according to the choice of the complainant with fresh warranty. The difference in price, if any shall be met by either. The opposite parties are at liberty to retain the defective refrigerator.
The opposite parties shall jointly and severally also pay Rs. 1,000/- (Rupees one thousand only) each to the complainant towards compensation and costs of the proceedings.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 26th day of August 2013.
Forwarded/By Order, Sd/- A. Rajesh, President.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of retail invoice dt. 08-12-2012 |
A2 | :: | Copy of the warranty conditions |
A3 | :: | Copy of the receipt dt.14-03-2013 |
Opposite party's Exhibits :: Nil
=========
