D.O.F:26/08/2021

                                                                                                  D.O.O:21/12/2021

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.142/2021

Dated this, the 21^th   day of December 2021

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

M. Sudheer Babu,

Adwaith Nivas

Eyyakkad, Udinnur Post                                         : Complainant

Kasaragod.

                                                            And

Nihara Cooltech

Authorized Whirlpool Service Centre,                 : Opposite Party

First Floor, Kadavath Tower

N.H Cheruvathur, Kasaragod - 671313

ORDER

SMT.BEENA.K.G: MEMBER

     The complainant purchased a micro wave oven of Whirlpool company from the shop Fridge House Kannur on 25/04/2017 for Rs. 13500/-.   It functioned well for 2 years.  The oven became defective in 2019 May and is taken to the recognized service centre of Whirlpool company in Cheruvathur Nihara Cool Tech .  Thereafter complainant made several phone calls to Opposite Party but he evaded those calls.  Complainant was working as a health inspector in Palakkad then.  When he came home in August he approached Opposite Party knowing that the defects are cured taken the  oven to the home after paying repair charge of Rs. 1600/-.  The complainant when trying to switch on the oven it was not functioning.  The complainant again registered complaint to the service centre and one Sujith.K came and taken back the oven to the service centre.  The grievance of the complainant is that so far the oven is not rectified and returned to the complainant.  Hence the complainant is seeking a compensation of Rs. 30,000/- from Opposite Party for deficiency in service.

            Notice to Opposite Party served but he did not turn up. The name of Opposite Party called absent set exaprte.

    Complainant filed proof affidavit in lieu of chief examination, documents produced by the complainant are marked as Ext A1 to A3.   Heard the complainant.

            The issues raised for consideration are:-

1. Whether there is deficiency in service on the part of Opposite Party as he failed to cure the defects of oven?
2. If so what is the relief?

   For convenience issue no 1 and 2 can be discussed together. 

     The complainant purchased microwave oven from Fridge House Kannur.  The Ext A1 is the invoice issued by fridge house Kannur at the time of sale on 25/04/2017.  Ext A2 is a receipt issued by Opposite Party on 22/08/2020 for an amount of Rs. 1600/- and Ext A3 is a slip issued by Opposite Party on 01/03/2021 assuring that  the oven will be repaired and delivered to the complainant on 03/03/2021.  Ext A3 cross the gross deficiency in service on the part of Opoosite Party. After two years of purchase the microwave oven became defective and the complainant entrusted the same for repair with Opposite Party who is the authorized service centre of whirlpool company.  After three months Opposite Party returned the oven to the complainant and collected Rs. 1600/- as service charge. After reaching home only complainant came to know that the defects are not cured oven was not functioning and no attempt were made by Opposite Party to cure the defects of oven.  According to the complainant he is under the impression that the oven is repaired and defect free.  Opposite Party failed to provide proper service, he returned the oven without rectifying the defects and collected repair charges also.

     See 2(r) (ii) in the Consumer Protection Act 1986 defines unfair trade practice as here under :

r. “unfair trade practice means” a trade practice which for the purpose of promoting.

1. The practice of making any statement, whether orally or in writing or by visible representation.

2. Falsely represents that the goods are of a particular standard quality and quantity.

3. Falsely represents that the services are of a particular standard quality or grade.

     On the basis of the above discussion we find that there is unfair trade practice as contemplated under Section 2 (r) (I) (V) of consumer Protection Act 1986.  Which also amounts to deficiency in service.

      The act of Opposite Party amounts to deficiency in service and unfair trade practice.  Collecting repair charges without curing the defects is gross deficiency in service.  The illegal act of Opposite Party caused heavy loss and mental agony to the complainant.  Complainant is entitled for compensation.  As the Opposite Party failed to provide proper service to the complainant is bound to compensate loss and agony undergone by the complainant. 

     Hence complaint is allowed directing Opposite Party to give Rs. 10,000/- (Rupees Ten thousand only) as compensation to the complainant.

     The time for compliance is thirty days from the receipt of copy of the judgement.

      Sd/-                                                   Sd/-                                                      Sd/-

MEMBER                                          MEMBER                                          PRESIDENT    

Exhibits

A1- Retail Invoice

A2- Receipt

A3- A letter Dt: 01/03/2021

       Sd/-                                                  Sd/-                                                      Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Forwarded by Order

                                                                                    Senior Superintendent

Ps/