IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 30th day of April, 2024
Present: Sri.Manulal.V.S, President
Sri.K.M.Anto, Member
CC No. 268/2023 (Filed on 21/08/2023)
Complainant : Anandu.S, S/o K.C. Suresh,
Kariyannoor House,
Thiruvanchoor P.O,
Kottayam - 686 019.
Vs.
Opposite parties : (1) The Manager,
Quality Services,
Samsung Exclusive Service Centre,
Vellappillil Building,
Vadavathoor P.O,
Kottayam – 686 010.
(2) Adarsh,
Mechanic,
Quality Services,
Samsung Exclusive Service Centre, Vellappillil Building,
Vadavathoor P.O,
Kottayam – 686 010.
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under section 35 of the Consumer Protection Act 2019.
The complainant had purchased a Samsung Company made 212 liters fridge with Model No.RR22M272ZS8/NL, Serial No.0AAH42AJ800769K, on 20/09/2017. The hinges of the door of the fridge were damaged due to rusting and the complaint was registered with the Samsung company vide complaint No.4374126622. The 1st opposite party deputed the 2nd opposite party to the residence of the complainant.
The 2nd opposite party had inspected the fridge and suggested to replace the hinges, thermostat and the door of the fridge. When the complainant pointed out that there is no defect for the door, the 2nd opposite party insisted for the replacement of the door and collected Rs.1,000/- as advance. On 31/07/2023 a technician of the 1st opposite party visited and replaced thermostat, hinges and the door. The technician collected Rs.3,593/- as service charge including Rs.2,669/-, the cost for the door. The act of the opposite parties amounts to deficiency in service and unfair trade practice.
This complaint is filed for getting the refund of Rs.2,669/- collected as the cost for the door and to get the original door fixed by replacing the new door along with Rs.18,000/- as cost for the litigation.
On admission of the complaint, copy of the complaint was served to the opposite parties. The opposite parties neither cared to file their version or to appear before the Commission to defend their case. The opposite parties were set ex-parte.
The complainant filed proof affidavit and marked documents Exhibits A1 to A4.
On the basis of the complaint and evidence adduced we would like to consider the following points :
(1) Whether there is any deficiency in service on the part of the opposite parties ?.
(2) If so, what are the reliefs and costs?
POINTS :-
On the basis of the complaint and chief affidavit of the complainant, it is clear that the complainant had purchased a 212 litre Samsung company made fridge on 20/09/2017. The hinges of the fridge door damaged due to rusting and the complainant registered a complaint with the manufacturer as No.4374126622.
Ext.A1 is the Tax Invoice dated 26/09/2017 issued by Flip kart to the complainant for the purchase of Samsung 212 Litre Single door refrigerator for a total amount of Rs.11,546/-. Ext.A2 is the Cash Receipt issued by the 1st opposite party on 31/07/2023 for a total amount of Rs.3,593/- including Rs.2,669/- the cost for the fridge door. Exts.A3 and A3 (a) are the photographs of the fridge door.
The allegation of the complainant is that the opposite parties had replaced the door of the fridge which was not having any defects. The complainant failed to adduce any expert evidence to establish that the door of the fridge was defect free. The only evidence adduced by the complainant to prove that the door of the fridge was defect free is the Exts.A3 and A3 (a) photographs of the fridge door.
On the basis of the available evidence we are of the opinion that the complainant failed to prove deficiency in service on the part of the opposite parties with cogent evidence and the complaint is liable to be dismissed.
The complaint dismissed.
Pronounced in the Open Commission on this the 30th day of April, 2024
Sri.K.M.Anto, Member Sd/-
Sri.Manulal.V.S, President Sd/-
APPENDIX :
Exhibits from the side of the Complainant :
A1 - Copy of Tax Invoice dated 26/09/2017 for Rs.11,546/-
A2 - Copy of Cash Receipt dated 31/07/2023 for Rs.3,593/-
issued by the 1st opposite party
A3(series) - Copy of the photographs of the door of the fridge(3 Nos)
A4 - Authorisation letter
Exhibits from the side of the Opposite Parties :
Nil.
By Order,
Sd/-
Assistant Registrar
