IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of July, 2016.
Filed on 29.04.2016
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine.D. (Member)
in
C.C.No.155/2016
between
Complainant:- Opposite Parties:-
Sri. K. Murali 1. P. E. Electronics
Sreelakam Registered Office,
Thejas Nagar Auto Car Compound
Pazhaveedu P. O. Adalath Road
Aurangabad
Maharashtra – 431005
2. Next Retail India Ltd
Padayanipalam
Near K. N. G. Cherthala
Alappuzha.
3. Cool-Tech Refrigeration
Kalarcode Jn. , A. C. Road
Alappuzha.
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant’s case in precise is as follows:-
The complainant on 6th September 2014 purchased a washing machine from the opposite parties. The opposite parties provided a warranty for a period of two years to the said gadget. However on expiry of barley a year, the spin motor of the machine ceased to operate, and the complainant contacted the manager; of the opposite party. The complainant was informed that the said shop stopped its functioning, and the complainant was instructed to get in touch with the service center. The complainant on his own expense on 22nd December 2016 took the washing machine to the service centre in Kalarcode. The complainant was told that the material gadget’s sin motor and the capacitor had to be replaced. They impressed upon the complainant that the complainant is not entitled to the benefits of warranty as the serial number as to the same was blurred. The complainant finding no way out paid out the service charge of Rs.1,950/- and the washing machine was given back to the complainant belatedly on expiry of 3.5 months. The complainant on several occasions contacted the opposite party when the gadgets went out of order. The opposite parties willfully evaded from attending the complainant’s call each and every time. The opposite parties had purposefully affixed the serial number on a low quality paper with view to get it faded and thus dodged the customer. The opposite parties practice is unfair. The complainant on got aggrieved on this approached this Forum for compensation and relief.
2. Notices were served to the opposite parties, yet the opposite parties did not make it a point to turn up before this Forum or to challenge the complainant’s case. With the result, the opposite parties were set ex-parte and the case was proceeded as per law.
3. The evidence of the complainant consists of the testimony of the complainant himself, and the documents Exts.A1 toA3 were marked. As have been already observed, the opposite parties neither turned up nor contend the complainant’s case.
4. Taking into account the complainant’s contention the issues that arise before us for consideration are:-
(a) Whether the opposite parties committed deficiency in service?
(b) Whether the complainant us entitled to any relief?
5. Bearing lively in mind the complainant’s case, we carefully perused the pleadings, proof affidavit and other documents available on record. We meticulously went through ExtsA1 to Exts.A3. Exts.A1 to A3 bears out markedly that the complainant has purchased the material washing machine from the opposite parties, and there after he was constrained to replace the spin motor and capacitor of the same on paying an amount of Rs.1,950/-. The complainant’s particular case is that the complainant purchased the material gadgets on 6th September 2014, and the imperfection of the same was surfaced absolutely within two years which is clearly inside the warranty period. Notwithstanding this the opposite parties charged Rs.1,950/- for the same. Ext.A3 clearly shows that the complainant was charged the aforesaid amount. In this context we are left with no other alternative save arrive on the conclusion that the complainant case stands well established. In the context of the complainant’s consistent case and in the absence of the said case being challenged or disputed, we are least hesitant to hold that the case of the complainant merit acceptance. We need hardly say, the complainant is entitled to relief.
6. In the light of the facts and circumstances discussed herein above the opposite parties are directed to pay an amount of Rs.1,950/- (one thousand nine hundred and fifty only) to the complainant the amount charger for repairing the material washing machine. The opposite parties is further directed to pay to the complainant an amount of Rs.1,000/- (one thousand only) as compensation and Rs.1,000/- (one thousand only) towards cost of proceedings. The opposite party shall comply with the order of this Forum within 30 days of receipt of the same.
The complaint is allowed accordingly.
Pronounced in Open Forum on this the 30th day of July, 2016.
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Smt. Jasmine D (Member)
APPENDIX:-
Evidence of the complainant:
Ext.A1 - Cash / Credit memo dated 06.06.2014
Ext.A2 - Indoor job sheet dated 22.12.2015
Ext.A3 - Cash receipt dated 11.04.2016
Evidence of the opposite parties: - Nil
-//True copy//-
By Order,
Senior Superintendent.
Typed by: Pj/- Compd. By:
