PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of May 2012
Filed on : 12/03/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
Smt. C.K. Lekhamma, Member
C.C. No. 146/2012
Between
Jose C.P., : Complainant
Chandanathil house, (By Adv. Tom Joseph, Court
Kureekadu P.O.,Ernakulam. Road, Muvattupuzha)
And
1. M/s. Videocon Industries Ltd. : Opposite parties
Santhi Emerald Building, ( Absent)
3rd floor, Cheruparambath road,
Near Veerankutty Ground,
Edappally P.O., Kochi-682 024.
2. M/s. Aircorn,
Electrolux Service Centre,
Koonamthai, Veerankutty road,
Near veerankutty Ground,
Edappally P.O., Kochi-682 024.
O R D E R
C.K. Lekhamma, Member.
Brief facts of the complainant’s case are as follows:
The complainant purchased an Electrolux, 236 Litre capacity double door, refrigerator (SR No. 63721394 & PNC No. 925024730) from M/s. Thottukadavil Agncies, Kanjiramattom, authorized dealer of the M/s. Electrolux Ltd. on 07-02-2007 for Rs. 11,000/- M/s. Electrolux Ltd. was subsequently amalgamated with the 1st opposite party. One year warranty for the entire refrigerator and four years warranty for the compressor was provided by the opposite parties. The 2nd opposite party is the authorized service centre of the manufacturer.
After 4 years on 02-05-2011 the refrigerator became defunct due to compressor complaint. The matter was brought to the notice of the 2nd opposite party. They took the machine on 04-05-2011 and retuned it after 25 days. Though the defect occurred within the warranty period, the 2nd opposite party collected Rs. 2,850/- towards repairing charges. But after 2 days the refrigerator again went out of order. In spite of repeated requests, the defect has not been rectified so far. In the meantime, complainant was compelled to purchase a Samsung refrigerator by paying Rs. 16,500/-. The opposite parties failed to rectify the defect of the refrigerator because the defect is due to manufacturing defect. The complainant is entitled to get refund of the price of the refrigerator from the 1st opposite party. He is also entitled for the refund of Rs. 2,750/- collected from him towards repairing charges and for Rs. 800/- which he spent as transporting charges together with Rs. 5,000/- towards compensation for the mental agony and hardships suffered by him due to the deficiency in service on the part of the opposite party. Hence this complaint.
2. The complainant appeared through counsel. The opposite parties remained absent. The complainant filed proof affidavit. Ext. A1 and A2 were marked on his side. Heard the counsel for the complainant.
3. The points that arose for consideration are as follows:
i. Whether the complainant is entitled to get refund of the
refrigerator in dispute?
ii. Compensation and costs if any?
4. Points Nos. i&ii. The complainant contended that though the 1st opposite party had given additional warranty as per Ext. A1 warranty card to the compressor of the fridge for 4 years they could not rectify the defect. Ext. A2 cash receipt goes to show that the 2nd opposite party had received repairing charges from the complainant within the warranty period. The evidence of the complainant remains unchallenged though the opposite parties were given sufficient opportunity to substantiate their case but they failed to do so. There is no reason to disbelieve the case of the complainant. However nothing is before us to show the price and date of purchase of the disputed refrigerator. Therefore the demand of refund made by the complainant is not at all warranted. In view of the aforesaid reasons we are only to direct the opposite parties to rectify the defects of the refrigerator in question without imposing any repairing charges and to provide fresh warranty for the same. In the facts and circumstances of the case we are not ordering any compensation and costs of the proceedings. The complainant is entitled to get refund the amount with interest as per Ext. A2 warranty card from the 2nd opposite party the amount collected by them towards repairing charges.
5. Accordingly, we allow the complaint in part and direct that
i. The opposite parties shall rectify the defects of the disputed machine without levying any charge and provide fresh warranty for one year further. If the machine is not in repairable condition the 1st opposite party shall replace the same with a new one of the same quality and description with fresh warranty according to the satisfaction of the complainant. In both the events the complainant shall handover the disputed machine with the opposite parties simultaneously. The transporting expenses shall be borne by the opposite parties.
ii. The 2nd opposite party shall refund the amount to the complainant as per Ext. A2 cash receipt together with interest @ 12%p.a. from the date of receipt till realization.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 31st day of May 2012.
Sd/-
C.K. Lekhamma, Member.
Sd/-
A Rajesh, President.
Sd/-
Paul Gomez, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of warranty
A2 : Copy of warranty
Opposite party’s Exhibits : : Nil
