D.o.F:09/07/2010 D.o.O:30/9/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.NO. 158/10 Dated this, the 30th day of September 2010 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER P.Sasirajan, S/o Pushkaran, Kausthubam, Thekkekkad, : Complainant Padnnakadappuram,Kasaragod. (in person) Proprietor/Manager, National Radio Electronicals Co. : Opposite parties Main Road,Payyanur. (Exparte) ORDER SRI.K.T.SIDHIQ : PRESIDENT Shortly stated : The case of the complainant is that the Videocon refrigerator he purchased for ` 6800/- became defective within its warranty period. Though at 2 instances the mechanic of opposite party rectified the defects, it soon went out of order and the opposite party did not come to provide after sale service instead of repeated attempts. Hence the complaint claiming compensation for the loss hardships and mental agony he suffered. 2. Though notice issued by registered post is served on opposite party ,they did not care to appear and defend the case. Hence opposite party had to be set exparte. 3. Complainant examined as PW1. ExtsA1&A2 marked. Complainant deposed in tune with his complaint. Ext.A1 is the purchase bill dtd.19/8/2009 and Ext.A2 is its instruction manual cum warranty card. As per Ext.A2 the manufacturer of the refrigerator is seen offered a 4+1 year service warranty. 4. It was the duty and responsibility of the opposite party to attend the defects of the refrigerator sold to the complainant during the warranty period. But they failed to render prompt service. When a new refrigerator which is expected to provide years long trouble free service is soon became a pest due to its continuous defects, definitely one may suffer much mental agony. The opposite party is therefore liable to compensate the complainant for the hardships and mental agony suffered by him. Therefore, the complaint is allowed and opposite party is directed to take back the defective refrigerator from the premises of the complainant after paying an amount of ` 6800/- towards the refund of its purchase price together with a compensation of ` 3000/- and a cost of ` 2000/-to the complainant. Time for compliance is limited to 30 days from the date of receipt of copy of this order. Failing which opposite party shall further liable to pay interest @12% for ` 6800/- from the date of complaint till payment. Sd/ Sd/. MEMBER PRESIDENT Ext.A1 -the purchase bill dtd.19/8/2009 Ext.A2 - instruction manual cum warranty card. PW1- Sasirajan, Complainant eva /Forwarded by Order/ SENIOR SUPERINTENDENT |