CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.

Present

Sri. Santhosh Kesavanath P. President

Smt. Bindhu M. Thomas, Member

 

CC No.288/10

Monday the 17th day of January, 2011.

 

Petitioner                                              : Kunjumon,

                                                             Thottakkattu House,

                                                             Perumbaikkadu PO,

                                                             Kottayam.

                                                             (Adv. Benny Kurian)

 

                                                          Vs.

Opposite parties                                   : 1) The Branch Manager,

                                                                   Godrej & Boyee Mfg.Co.Ltd.

                                                                   207 A, Muttam, Aluva-Ekm NH

                                                                   Thaikkattukara PO,

                                                                   Ernakulam-683106

                                                              2) Proprietor,

                                                                  Adithya Agencies,

                                                                  Mosco Junction,

                                                                  Parampuzha, Kottayam-32

 

 

Smt. Bindhu. M. Thomas, Member.

 

            The complainant’s case is as follows:

 

            The complainant purchased a Godrej Refrigerator GEP 220/opm Blue on 2/11/2009 from 2^nd opposite party for an amount of Rs.12005/- with one year warranty. The complainant used the refrigerator with proper care and cautions. On 5/11/2009 instead of cool air, hot air came from the refrigerator. All food items stored in it was decayed and refrigerator stopped functioning. The complainant informed the matter to the 2^nd opposite party dealer. After 4 days a representative of 2^nd opposite party came home and took the fridge for repair. After 2 weeks the refrigerator was returned but it worked only four days and showed the very same complaint. Even though the 2^nd opposite party promised to replace the fridge, nothing was done by them. After 2 weeks the 2^nd opposite party took the refrigerator once again and returned it to the complainant stating that the defect was cured. It worked properly for one week and again it became defective. The complainant repeatedly complained about non-functioning of refrigerator to the 2^nd opposite party, but nothing was done by them to rectify the defect or to replace the defective fridge. The complainant alleged that the malfunctioning of the refrigerator occurred due to the manufacturing defect of the refrigerator. According to the complainant the above said acts of the opposite parties amount to deficiency in service and unfair trade practice. Hence he filed this complaint claiming replacement or refund of the purchase price, compensation Rs.10,000/-

            Notice was served to the opposite parties but they were called absent and hence set expartee.

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 complainant and Exts.A1 to A2.

            Heard the complainant and perused the documents placed on record by the complainant. Complainant averred that he purchased a refrigerator from the 2^nd opposite party for Rs. 12005/- on 2-11-09. Evidencing the said purchase the complainant produced the original receipt and it is marked as Ext.A1. As per Ext.A1, the price of the said refrigerator is Rs. 12005/-. The complainant produced the original warranty card and it is marked as Ext.A2. As per Ext. A2 the refrigerator is having one year warranty. The complainant further averred that the said refrigerator became defective on the 4^th day of its purchase. He again averred that it showed mal functioning after the repairing and that the 2^nd opposite party failed to repair it to the complainant’s satisfaction. The complainant next averred that as the refrigerator is still not working, he suffered a lot of mental anguish, agony and loss of use of refrigerator. As the opposite parties chose not to contest the averments of the complainant against the opposite parties remain unchallenged. In our view the act of opposite parties in supplying a defective refrigerator after receiving Rs.12005/- is a clear case of deficiency in service. No consumer will be satisfied, if a brand new refrigerator shows mal functioning on the 4^th day of purchase itself. Due to the negligent acts of the opposite parties the complainant suffered loss of use of refrigerator, time loss, monetary loss and mental tension. In our view the opposite parties are liable to compensate the losses suffered by the complainant. Point No 1 is found accordingly.

            In view of the findings in point No.1, the complaint is allowed.

            The 1^st and 2^nd opposite parties will jointly and severally replace the defective refrigerator with a brand new refrigerator of the same model or will refund Rs.12005/- to the complainant along with a compensation of Rs.3000/- and litigation cost Rs.1000/-.

            This order will be complied with within one month of the receipt of the order failing which the awarded sums will carry interest @ 9% per annum from the date of order till realization.

Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 17th day of January, 2011.

Smt. Bindhu M. Thomas, Member                    Sd/-                

Sri. Santhosh Kesavanath P. President Sd/-

 

Ext.A1-Original receipt dtd 2/11/09

Ext.A2-Original warranty card dtd 2/11/09

Nil

 

By Order,

 

 

Senior Superintendent.