IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 20th day of March, 2018
Filed on 26.12.2017
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.345/2017
between
Complainant:- Opposite Party:-
Sri. Manoj.S 1. M/s Vellethara Agencies
Pooja Vihar, Thaickal.P.O VS Building Door No.111/504
Cherthala-688530 Near Iron Bridge, Cherthala
2. M/s Pioneer L.G Services
North Street Pazhakulam Temple
Pazhakulam .P.O
Alappuzha
-
A Wing (3rd Floor)D3
District Office,
Saket, New Delhi- 110017
Alappuzha
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
Complainant had purchased a Microwave oven from the 1st opposite party for Rs. 12,700/- on 29/12/2016. Within 6 months of purchase it became useless. Complainant informed it to the 1st opposite party and registered a complaint on 22/6/2017. On 26/11/2017 it again became defective and he registered another complaint. Even though it was repaired by the opposite parties the same defect repeated several times and that caused many difficulties to the complainant. The micro wave oven is still defective. Alleging deficiency in service on the part of the opposite party the complaint is filed.
2. Version of the Opposite parties 2 and 3 as follows:-
It is true that the complainant purchased one LG brand microwave oven from the 1st opposite party for a sum of Rs. 12,700/- on 29-12-2016. The warranty for the microwave oven is one year from the date of purchase. The 1st complaint was received after 6 months of purchase on 22-06-2017 and the complaint was promptly attended and rectified by replacing the capacitor under warranty and the complainant acknowledge satisfaction by signing the job sheet. Thereafter on 26-11-2017 a fresh complaint was received which was promptly attended on 27-11-2017 and found that the capacitor and diode got complaint. But the complainant did not permit this opposite party to rectify the complaint, insisting that he needs replacement of the oven with a new one and therefore the said service call had to be cancelled. Again he made a fresh service call on 28-11-2017 but the complainant refused the service engineer to attend the complaint insisting for replacement of a set. Since there is no manufacturing defect to the set, the service engineer informed his inability to accept the said demand and thereafter on 09-12-2017 the complaint was attended on permission of the complainant and rectified the problem and the complaint acknowledged the satisfaction. Thereafter on various dates the complainant registered fresh complaint seeking replacement of the oven. Since there is no manufacturing defect and there is no recurring complaint this opposite party could not accept the complainant’s demand. There is no deficiency in service on the part of the opposite parties.
3. Complainant produced 5 documents which marked as Ext.A1 to A5.
4. The points came up for considerations are:-
- Whether there is any deficiency in service on the part of the opposite party?
- If so the reliefs and costs?
5. It is an admitted fact that the complainant had purchased a Microwave oven for Rs. 12,700/- from the 1st opposite party with warranty for one year, According to the complainant said microwave oven became defective within 6 months of purchase.It is admitted by the opposite parties that on getting complaint from the complainant they attended it and found that the capacitor and diode got complaint.They further stated that the complainant did not permit them to rectify the complaint, insisting that he needs replacement of the oven with new one.During the trial stage opposite party was willing to rectify the defects and they were directed to rectify the defects of the oven.Thereafter on the next posting date complainant submitted that they are not satisfied with the repair works done by the opposite party.The repeated malfunctioning of the oven and the failure on the part of the opposite party to rectify the defects shows that there is deficiency in service on the part of the opposite party.
In the result the complaint is allowed. The opposite parties are directed to rectify the defects of the oven at free of cost to the satisfaction of the complainant along with an extended warranty for one year within 2 weeks from the receipt of this order, failing which they are directed to refund the value of oven with Rs. 12,700/-(Rupees Twelve thousand seven hundred only) from to the complainant with 8% interest from the date complaint till realization. The opposite parties are further directed to pay Rs. 2000 towards cost and compensation to the complainant.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the 20th day of March, 2018.
Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of Bill dtd 29/12/2016
Ext.A2 & A3 - Copy of Label of Serial Number
Ext.A4 - Copy of Complaint registered number
Ext.A5 - Copy of Warranty card.
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- br/-
Compared by:-
