CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present. Sri.Santhosh Kesavanath.P. President Smt.Bindhu M.Thomas Member Sri.K.N.Radhakrishnan Member.
CC.No.176/09 Monday, the day of 2nd, November, 2009.
Petitioner. Renjit John Kizhakkethayyil Thuruthy.P.O. Changanacherry. (Adv.D.Zaibo) Vs. Opposite parties. 1. Proprietor Puthenpurackal Home Appliances, Thuruthy.P.O. Changanacherry. 2. M/s.Whirlpool of India Ltd. CC 39/3521, M.G.Road Ravipuram, Kochi rep.by its Manager. O R D E R Smt.Bindhu M.Thomas, Member.
The crux of the petitioner's case is as follows. The petitioner purchased a 250 LtDX Whirlpool refrigrator with Model No. 10616 DLX and serial No. INAO 72600554 from the first opposite party on payment of Rs.14666/-. The said refrigerator is manufactured by the 2nd opposite party. After a period of 7 months from the date of purchase, it was noticed that the body of the regrigerator was seriously infected with rust. On repeated intimation and requests made to the first opposite party, the refrigerator was inspected and assurance to replace it was given. But the opposite parties had not done anything to redress the said grievances. Now the corrosion is increasing making the refrigerator useless. The petitioner alleged that he
-2- purchased the said refrigrator believing the reputation of the second opposite party and the assurances given by first opposite party regarding the quality and service. He further alleged that the rusting is caused due to the defects in workmanship on materials used for manufacturing. Hence the petitioner filed this petition praying refund of Rs.14,666/-, Rs.5000/- as compensation and Rs.1000/- as litigation cost. Notice sent to first and second opposite parties. Notice to first opposite party returned with endorsement 'refused'. Notice to second opposite party served but called absent. So both the opposite parties were set exparte. Points for consideration are: (i) Whether there is any deficiency in service or unfair trade practice on the part of opposite parties? (ii) Reliefs and costs?
Evidence consists of affidavit filed by the petitioner and exhibits A1 to A3 series. Point No.1. The original warranty card is produced and marked as exhibit A1. From exhibit A1, it can be seen that the date of purchase of the refrigerator is 27-7-07 and the warranty offered is five years. The petitioner averred that after a period of seven months from the date of purchase of the refrigerator, it was seriously infected with rust. He further averred that even after repeated intimations and requests the opposite parties had not turned up to redress his grievances.The copy of advocates notice dated 23/7/08 issued to the opposite parties is marked as exhibit A2 and the A/D cards duly signed by the opposite parties are marked as exhibit A.3 series. It is significant to note that the above said lawyer's notice was not replied. As the opposite party chose not to contest, we are constrained to rely upon the evidence adduced by the opposite parties. The petitioner could prove his case through his affidavit and exhibits. The act of opposite parties in not redressing. the petitioner's grievance is a clear case of deficiency in -3- service. Point No.1 is found accordingly. Point No.2. In view of the findings in point No.1, the petition is allowed. In the result the petition is ordered as follows. The first and second opposite parties will jointly and severally refund the price of the referigerator Rs.14666/- to the petitioner along with a compensation of Rs.1000/- and litigation cost Rs.500/-. Before receiving the refund money, the petitioner will deposit the referigerator to the opposite parties. This order is to be complied with within one month of receipt of its copy failing which the abovementioned sums will carry interest @ 9% p.a. till realisation. This petition is disposed of with the aforementioned directions.
Smt.Bindhu M.Thomas Member Sd/- Sri.Santhosh Kesavanath.P. President Sd/- Sri.K.N.Radhakrishnan Member. Sd/- APPENDIX Documents of the petitioner. Ext.A1 Warranty card Ext.A2 Copy of advocate's notice Ext.A3 Acknowledgement card Ext.A3(a) A/D card. Documents of the opposite partioner. NIL. By Orders,
Senior Superintendent. Kgr/5 copies.
......................Bindhu M Thomas
......................Santhosh Kesava Nath P | | 
