Date of filing  :  27-06-2011 

                                                                            Date of order  :  30 -09-2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC. 148/2011

                         Dated this, the  30^th      day of    September   2011

PRESENT

SRI.K.T.SIDHIQ                                             : PRESIDENT

SMT.P.RAMADEVI                                      : MEMBER

SMT.K.G.BEENA                                         : MEMBER

Yogesh.K,                                                                              } Complainant

S/o.Narayana Bangera,

R/at Karipady House, Po.Kumbla,

Kasaragod Taluk & District.

(In Person)

1. The Authorized Signatory,                                               } Opposite parties

     Electrolux,

     14 KM stone, Aurangabad,

     Paithan Raod, Chitegaon,

     Aurangabad District. 431105

2. The Manager, ‘Planet’,

     The Electronic store, Isonic tower,

     Opposite Bus Stand, Uppala, Kasaragod.

(Ops 1 & 2  Exparte)

                                                                        O R D E R

SMT.P.RAMADEVI, MEMBER

            Mr.Yogesh filed this complaint against opposite parties alleging deficiency in service.

            The facts of the complaint I brief is that the complainant purchased an Electrolux Fridge from 2^nd opposite party which was manufactured by 1^st opposite party on 30-10-2011. For the Fridge with its accessories he had paid a total consideration of `9,950/-.  The Fridge is having one year warranty.  After one week of purchase itself the Fridge started to show complaints as water oozed and appeared in its body all over as sweat.  This complaint is informed to the 2^nd opposite party and the service persons of opposite party came and to repair the Fridge. Even then the complaint was not rectified.  Thereafter  the compressor of the Fridge started to release  humming sound and the same is informed to  the 2^nd opposite party and the technician  suggested  that the sound is created by the egg which kept in the egg tray in the Fridge.  About three or four months the Fridge worked some how eventhough there were big noise.  For the last one months the Fridge is not  worked.  Hence the opposite parties technician came and told that the Fridge is having manufacturing defect with respect to gas pipe and compressor and entire compressor is to be transplanted and welding also is to be done and it will take one week.  But the technicians did not come back for repairing inspite  of several requests by the complainant.  Hence this complaint is filed.

2.         Notice of 1^st opposite party sent by registered post has neither returned  nor the acknowledgement received back hence it is presumed that the notice is served and name of opposite party No.1 called absent and  set exparte.  2^nd opposite party also duly received the notice but he was not turned up and set exparte.

3.         Here the complainant is examined as PW1 and Exts A1 & A2 documents are marked.

4.         After considering the facts of the case the following issues raised for consideration.

1.      Wether there is any deficiency in service on the part of the opposite parties?

2.      If so what is the relief and cost?

5.       The complainant had purchased the Fridge on 30-10-2010.  The warranty period of the Fridge is one year.  But the Fridge was not properly working from the beginning itself.  According to the complainant now the Fridge is not in working condition.  The complainant’s case is that there is no proper service provided by opposite parties.  There is no contra evidence before the Forum to disbelieve the version of complainant.  Hence we are of the opinion that the Fridge might have had  a manufacturing defect since it is not properly working within one year of its purchase and also seen from the evidence of PW1 that the dealer is failed to provide after sale service to the fridge.  That itself constitute deficiency in service on the part of both the opposite parties.

            Therefore the complaint is allowed and opposite parties are jointly and severally directed to pay `9,950/- (being the price of the Fridge) and also directed to pay `2,000/- towards the cost of the proceedings to the complainant and on receipt of the above said amount the complainant is directed to return the Fridge involved in this case to the opposite parties in as is where is condition. The time for compliance is 30 days from the date of receipt of copy this order.

     Sd/-                                              Sd/-                                                          Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1. 30-10-2010 Bill issued by E Planet.

A2. Instruction Mannual

PW1. Yogesh

Sd/-                                                   Sd/-                                                 Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Pj/                                                                    Forwarded by Order

                                                            SENIOR SUPERINTENDENT