BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P. SUDHIR : PRESIDENT
SMT. R. SATHI : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C. No. 469/2014 Filed on 25.11.2014
ORDER DATED: 15.10.2015
Complainant:
Reena. B, Shalem Mandiram, Vavodu, Vazhichal P.O.
(Party in person)
Opposite parties:
- Proprietor, Whirlpool Authorized Service, Opp: Pallichal Farmers Bank, Vedivechankovil, Balaramapuram.
- Whirlpool of India Ltd., Corporate Office, Whirlpool House, Plot No. 46, Sector 44, Gurgaon-122 002.
This case having been heard on 05.08.2015, the Forum on 15.10.2015 delivered the following:
ORDER
SRI. P. SUDHIR: PRESIDENT
Complainant’s case is that one Chandrasenan gifted a refrigerator for the marriage of the complainant which was purchased on 26.06.2011 having a warranty of 3 years. The refrigerator is not functioning from 25.02.2014 and the complainant complained in the Whirlpool Service centre and their executive inspected the same and found that there is gas block in the refrigerator. As per his direction complainant approached the 1st opposite party on 10.03.2014. 1st opposite party issued Ext. P2 and assured that they will repair the refrigerator within one week. After repeated demands the refrigerator is not repaired and hence this complaint for repairing the refrigerator or to reimburse the cost of the refrigerator.
Notice sent to opposite parties. Opposite parties not appeared and opposite parties set exparte.
Points for consideration are:-
- Whether there is deficiency of service on the part of opposite parties?
- Whether the complainant is entitled for the reliefs sought for?
Complainant filed chief examination of affidavit and Ext. P1 & P2 marked.
Points 1 & 2:- Perusing the evidence and documents marked, it is seen that the refrigerator was purchased by one Chandrasenan and beneficiary is the complainant. As per Ext. P2 the complainant has given the refrigerator for repair on 10.03.2014 which is within the warranty period. No warranty card produced by the complainant. Since the opposite party has not produced any contra evidence we presume that the defect occurred within the warranty period. We have no other option but to go with the evidence of the complainant since there is no contra evidence. We are of the opinion that 1st opposite party is directed to repair the refrigerator within one month failing which opposite parties are jointly and severally liable to pay Rs. 13,849/-, the cost of the refrigerator and to pay Rs. 3,000/- as compensation for the mental agony suffered by the complainant and Rs. 1,000/- as costs of the proceedings.
In the result, complaint is allowed and 1st opposite party is directed to repair the refrigerator within one month from the receipt of the order failing which opposite parties are jointly and severally liable to pay Rs. 13,849/-, the cost of the refrigerator, to pay compensation of Rs. 3,000/- for the mental agony suffered by the complainant and Rs. 1,000/- as costs of the proceedings. Complainant is entitled to realize interest at 9% per annum for the whole amount from the date of default.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15th day of October 2015.
Sd/-
P.SUDHIR : PRESIDENT
Sd/-
R. SATHI : MEMBER
Sd/-
LIJU B. NAIR : MEMBER
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C.C. No. 469/2014
APPENDIX
I COMPLAINANT’S WITNESS:
NIL
II COMPLAINANT’S DOCUMENTS:
P1 - Copy of bill No. 26902 dated 26.06.2011 of Non-CSD Station
Canteen, Pangode, Tvpm.
P2 - Copy of work order No. H 220 dated 10.03.2014 issued by 1st O.P
III OPPOSITE PARTY’S WITNESS:
NIL
IV OPPOSITE PARTY’S DOCUMENTS:
NIL
Sd/-
PRESIDENT
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