Date of filing : 02-02-2009 Date of order : 23-03-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.41/09 Dated this, the 23rd day of March 2009 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Rajesh.M, S/o.Chikkaya Naik, Paniyoor House, Po.Heroor, } Complainant Mangalpady, Kasaragod. Taluk, (In Person) 1. Proprietor, City Cool enterprises, Karandakkad Junction, Kasaragod. 671 121, 2. Manager, } Opposite parties Lakshmi Services Centre, Womens’s College Building, Beach Road, Kasaragod.1. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Succinetly stated the grievance of the complainant is that the opposite parties demanded repair charges from him towards the repair of his refrigerator during the cover of warranty . 2. Notice to both opposite parties were issued by registered post. Though opposite parties received the notice they did not turn up to defend the claim of complainant. Hence opposite parties were set exparte. Complainant examined as PW1 and Exts A1 to A8 marked. 3. The complainant as PW1 deposed that he purchased the refrigerator on 29-12-03 for Rs.13500/-. He have opted a five year optional Rust Protection Plan at the time of purchase. Ext.A1 is the Warranty Registration Card. Since it was found that rust were struck on the door, top and back of the refrigerator. He took the same on 17-12-08 to the second opposite party who is an authorized service center of opposite party No.1 the dealer of Godrej & Boyce Manufacturing Company Limited. But to repair the refrigerator opposite parties initially demanded Rs.2000/- towards the repair charge. After repair when complainant approached it was found that the opposite parties even charged the colour of the refrigerator. In addition to that when the complainant approached again on 02-02-2009 the 2nd opposite party demanded further amount towards the charge of some parts like cooler and told him that the motor was jam and they fixed handle and other things. Since the defects were occurred during the warranty period the opposite parties should have done the repairs free of cost. Hence the complainant praying for an order directing the opposite parties to repair it free of cost or to refund the money he paid for the purchase of refrigerator. We heard the complainant. Claim of the complainant is proved. Therefore the opposite parties are jointly and severally directed to return the refrigerator of the complainant in perfect working condition without any cost. Opposite parties are also directed to pay Rs.1000/- towards the cost of these proceedings. Time for compliance of the order is limited to 30 days from the receipt of copy of order. Failing which on application by the complainant proceedings under Section 25 & 27 of the Consumer Protection Act will initiated. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Warranty Registration Card A2. 29-12-03 Cash bill A3. 21-10-08 Work Order A4.17-12-08 Work Order A5. 17-12-08 Tourist Taxi Receipt A6. 6-11-2008 letter sent by complainant to M/s Godrej &Boyce Manufacturing Co.Ltd A7. Acknowledgement card A8. 12-11-2008 copy letter PW1. Rajesh Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
