IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of January, 2017.
Filed on 06/09/2016
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
C.C.No.288/2016
between
Complainant:- Opposite Parties:-
Sri. Muhammad Ismail.E.E 1. PNV Associates
Elankathil House Nadakkavu
Elippakkulam.P.O Mavelikkara.P.O
(Via) Pallikkal Alappuzha
Alappuzha-690 503
2. Samsung India Electronics Pvt Ltd
20th to 24th Floor
Two Horizone Centre
Golf Course Road
Sector-43, DLE Ph-v
Gurgaon, Haryana – 122202
3. Bhaskar Communications
Samsung Authorized Service centre
Thazakkara P.O
Mavelikkara, Alappuzha
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant has purchased a refrigerator from the 1st opposite party manufactured by the 2nd opposite party for an amount of Rs. 19,300/- on 8.11.2013. The product has 10 years warranty. The product became defective on 15/7/2016 and the defect has been intimated to the opposite parties. Service engineer of the 2nd opposite party inspected the fridge and informed that the defect is with regard to the compressor and since the product is under warranty it will be replaced free of cost. On 22/07/2016 the staff of the 2nd opposite party visited the house of the complainant to take the fridge to the service centre for repairing. But he refused to take the fridge saying that the model name and serial Number was not mentioned in the Fridge and also in the warranty card and they denied to replace the compressor under warranty. Since the product is defective the complainant who is a diabetic patient is unable to store the insulin medicine in the Fridge. The act of the opposite parties caused much mental agony and inconvenience the complainant. Hence filed this complaint.
2. Notice was issued to the opposite parties Notice against 1st and 2nd opposite party served. 1st opposite party did not appear before the Forum and hence set exparte. 2nd opposite party appeared through counsel. Notice against the 3rd opposite party was not returned.
3. The complainant produced 3 documents which were marked as Ext.A1 to Ext.A3.
4. Considering the allegations of the parties Forum has raised the following the Issues:-
- Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entailed to get relief as prayed for?
5. The case of the complainant is that he has purchased a Samsung refrigerator for a amount of Rs.19,300/- During the warranty period the product became defective and the defect has been intimated to the opposite parties but the opposite parties refused to rectify the defect saying that model name and serial Number were not mentioned in the refrigerator and warranty card. The complainant sustained much mental agony and hence this complaint.
6. The complainant produced 3 documents marked as Ext.A1 to Ext.A3
7. The documents produced would show that complainant purchased a fridge from the 1st opposite party manufactured by the 2nd opposite party and the product is under warranty . According to the complainant he had purchased the product honestly believing the assurance of the opposite parties regarding warranty and after sale services. On considering the facts of the case it is clear that the opposite parties failed to provide after sale service to the complainant and it amount to deficiency in service. So the complainant is entitled to get the defect rectified under the warranty. The opposite parties are jointly and severally liable for the same. So the complainant is to be allowed.
In the result the complainant is allowed. The opposite parties are directed to rectify the defects of the refrigerator free of cost. The opposite parties are further directed to pay an amount of Rs. 2000/- [Rupees Two thousand only] towards compensation to the complainant. The order shall be complied within one month from the date of receipt of this order.
Pronounced in open Forum on this the 31st day of January, 2016.
Sd/- Smt. Jasmine D (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Original bill
Ext.A2 - Warranty card
Ext A3 - Job sheet date 1-09-2015 consider
Evidence of the opposite parties:- Nil
//True copy//
By Order
Senior Superintendent
To
Complainant/Opposite parties/SF.
Typed by: Br/-
Compared by: -
