BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of January 2014
Filed on : 03-07-2013
PRESENT:
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member
CC.No. 477/2013
Between
T.A. Abraham, : Complainant
Thellireth, 32/1762 Netaji road, (party-in-person)
Kochi-682 024.
Vs
1.Philips Electronics India Ltd., : Opposite parties
X/215 Krishan Kripa, (By Adv. T.J. Lakshmanan,
Layam road, Kochi-682 011. Penta Queen, Padivattom,
Kochi-24)
2.Universal Electronics,
34/91 A Market road, (absent)
Edappally,
Kochi-682 024.
O R D E R
Beena Kumari V.K.,Member.
The facts of this complaint are as follows:
The complainant purchased one vaccum cleaner Model FC 6048/02 from Singapore on December 2009. The unit was used for clearing the interior of the automobile and on 02-08-2012 the unit was found not functioning even though the motor of the unit was operating. The complainant had given the defective vaccum cleaner to Universal electronics, Kochi-24 who are authorized service centre of Philips on
07-08-2012. But the machine has not yet been delivered to the complainant after repairs. It is submitted that the complainant is incurring on expense of Rs. 100/- bi-weekly for cleaning the interior of the automobile by out side agencies. It is submitted that the matter was brought to the notice of Philips and Electronics India Ltd but in vain. Therefore the complainant approached this Forum seeking direction to the opposite party to repair the vacuum cleaner and to deliver the vacuum cleaner immediately and to pay the expenditure incurred due to the delay in delivery at the rate of Rs. 200/- per month till the defective machine is repaired and delivered along with costs of proceedings.
2. The version filed by the 1st opposite party.
The vacuum cleaner was purchased by the complainant on 08-12-2009 from Singapore and the warranty of the product expired on 08-12-2011, that the complainant enjoyed the product for 2 years and the problem in the product was faced by the complainant after 32 months, that the complaint registered by the call centre could not be located in the system. However opposite party could ascertain that the sucking fan of the product was broken due to mishandling by the complainant and the spare parts was not available with the 2nd opposite party. The opposite party offered one alternate model FC 6048/01 valued between Rs. 1,000/- after taking approval from the National Service Manager. But the complainant was not ready to accept the offer. It is submitted that the opposite party is not marketing vacuum cleaners of the said model in India. It is submitted that the complainant has been called numerous time to take back the damage-set but he is not doing the same. The complainant is very adamant that he wants wireless model. It is requested that the complaint may be dismissed with costs to the opposite party.
3. No oral evidence adduced by the complainant . Ext. A1 to A5 are marked on his side. No oral evidence adduced by the opposite parties. Ext. B1 and B2 marked on the side of 1st opposite party. The opposite parties remained absent. We heard the complainant and the counsel for the 1st opposite party.
4. The main contention of the complainant is that in spite of several requests the vacuum cleaner was not yet returned after repairs by the service centre of the 1st opposite party. The 1st opposite party submits that the spare parts of the model purchased by the complainant is not available with 2nd opposite party and that the said model is not being marketed in India. In view of the above circumstances we feel that it is only just fair and reasonable to repair the model product with the complainant with alternate spare parts free of cost.
5. In the result, the complaint is partly allowed we direct that 2nd the opposite party shall repair the defective vacuum cleaner with alternate and spare parts free of cost and to deliver the repaired vacuum cleaner to the complainant. Ordered accordingly.
The above said order shall be complied with within a period of 30 days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 31st day of January 2014
Sd/-
Beena Kumari V.K.,Member. Sd/- A Rajesh, President.
Sd/-
Sheen Jose,Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of consumer details
A2 : Copy of certificate of purchase
A3 : Copy of guarantee
A4 : Copy of letter dt. 27-09-2012
A5 : Copy of letter dt. 20-05-2013
Opposite party’s exhibits:
Ext. B1 : Copy of price circular
B2 : Copy of technical information regarding
FC6093/02 and FC 6048/01
