Date of Filing : 05.12.2011

  Date of Order : 17.04.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 17^th APRIL 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

Smt. K.G.SHANTALA                                         ……..     MEMBER

Consumer Complaint No. 219 / 2011

Sri. K.A. Manjunatha,

S/o. Late Karnam Adimurthy,

Working at Pragathi Grameena Bank,

Sidlaghatta Town, R/at: Shiva Krupa Nilaya,

Anjani Extension, Chintamani City,

Chikkaballapura District.

(By Sri. M.L. Gopinath, Adv.)                                 ……. Complainant

V/s.

1. M/s. Great India Electronics,

    AVM Complex, Gajanana Circle, M.G. Road,

    Chintamani – 563 125.

2. Godrej & Boyce Manufacturing Co. Ltd.,

    Regd. Office: Pirojsha Nagar, Vikhroli,

    Mumbai – 400 079.

3. Senior Manager (Service),

    Godrej & Boyce Manufacturing Co. Ltd.,

    Appliance Division,  The Karnataka Film

    Chamber of Commerce Building,

    28, 1^st Main, Crescent Road,

    High Ground, Near Shivananda Circle,

    Bangalore – 560 009.

    (By Sri. A.V. Ananda, Adv. for OP2)                 …… Opposite Parties

ORDER

By Sri. H.V. RAMACHANDRA RAO, PRESIDENT

The brief antecedents that led to the filing of the complaint U/s. 12 of the Consumer Protection Act, seeking direction to the opposite parties to replace Refrigerator and to pay compensation are necessary:-

On 10.05.2010 Complainant purchased Godrej Refrigerator of OP2 from OP1 for Rs.12,201/-.  It was giving one or the other technical problems.  This was informed to OP1 who after repeated requests he sent his technician twice.  Even after repair, the trouble increased and his house was short circuited.  Complainant has issued notice to OPs which was sent to OP3 for replacement of the defective Refrigerator and Refrigerator was returned to the Complainant on 29.10.2010.  Complainant contacted OP1 for replacement, but he washed off his hands.  Complainant has incurred Rs.10,000/- to 15,000/- towards replacement of the wiring by using defective Refrigerator.  Hence, Complainant is entitled to Rs.1,19,201/-.  Hence this Complaint.

2.       In this case OP1 though served remained absent throughout the proceedings.  OP3 did not contest.

(a).     In brief version of OP2 are:-

Purchase of Refrigerator is admitted.  OP1 has sent its authorized technician for 4 times and not twice.  On receipt of notice from the Complainant, Company has decided to replace the Refrigerator and to close the complaint and also issued letter to the Complainant on 04.05.2011. Every complaints of the Complainant have been attended to which were registered with the OPs.  The functional spare in the rectified unit again failed owing to improper electrical wiring connections at Complainant’s end which has been advised to correct at his end required to avoid repetitive failure in appliance for which he agreed too.  OP3 has agreed to give replacement and informed the Complainant to send defective Refrigerator to the Company godown so that replacement unit can be supplied after receipt of the defective one subject to the Complainant correct wiring at his residence.  This was informed to the Complainant.  The repairs that have been done are:

Hence, Complaint be dismissed.

3.       To substantiate their respective cases, parties have filed their respective affidavits and arguments were heard.

4.       Point that arise for our consideration are:

(A)     Whether there is deficiency in service ?

(B)     What order ?

5.       Our answers for the above points are as under:

(A)     Positive 

(B)     As per detailed order for the following reasons

REASONS

6.       Reading the pleadings in conjunction with the affidavits & documents on record, it is an admitted fact that on 10.05.2010 Complainant had purchased Godrej Refrigerator under Tax Invoice No. 163 for Rs.12,201/- from OP1, manufactured by OP2.  It has warranty also.

7.       Regarding this Refrigerator, Complainant had given Complaints and the technicians were sent for 4 times and repair has been done.  Details of complaints are:-

That means OP had advised the Complainant to correct wiring and earthing of his house as the same was not upto to the mark and that has caused damage to the Refrigerator.  OP repaired it thrice and asked the Complainant to get the electrical wiring in his house corrected, that has not been done.  Complainant never stated that he has corrected electrical wiring & earthing in his house and there is no document has been produced by the Complainant to show that he in-fact corrected the electrical wiring & earthing in house. 

8.       Anyway, on 02.10.2010 OP has ordered replacement of the Refrigerator and even on 04.05.2011 OP has written to the Complainant thus:

“We acknowledge receiving your above referred notice at Mumbai.  We are sorry for the inconvenience caused to your client. The matter was promptly referred to Mr. R.M. Gondkar, Senior Manager (Service) Bangalore Branch for necessary action.  Our Branch office has informed us that as a special case they have decided to replace the Refrigerator to close the complaint.

Complainant himself has produced this Letter.  Then he should have taken replacement of the material, but that has not been done.

9.       OP wanted the Complainant to surrender the old Refrigerator and then they will send replacement.  This is nothing but deficiency in service.  OP would have delivered the replacement goods to the Complainant and taken back the Refrigerator from the Complainant.  Hence, under these circumstances, the question of compensating the Complainant does not arise.  U/s. 14 of the C.P. Act, defective goods has to be replaced with defectless goods, that has to be ordered.  Hence, we hold the point accordingly and pass the following order:

ORDER

1.       Complaint is allowed in part.

2.       Ops are directed to replace GODREJ REFRIGERATOR 220 T BERRY BLUE with brand new defectless Refrigerator within 30 days from the date of this Order.

3.       On receipt of new Refrigerator, Complainant shall deliver back old defective Refrigerator to the OP at the spot itself.

4.       Ops are directed to pay Rs.2,000/- as costs of this litigation to the Complainant.

5.       Ops shall comply with the order within the time as stated at (2) above by replacing the Refrigerator and hand over DD for Rs.2,000/- as ordered at (4) above to the Complainant at the time of delivering the Refrigerator and submit to this Forum the compliance report with necessary documents within 45 days.

6.       Send copy of this Order to the parties free of costs.

7.       Return extra sets to the parties concerned under the Regulation 20(3) of the Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 17^th of April 2012)

T. NAGARAJA          K.G.SHANTALA           H.V.RAMACHANDRA RAO

    Member                         Member                                       President

SSS