Date of filing    :  05-08-2014

                                                                     Date of order   :  15-01-2015

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                             CC.171/2014

                      Dated this, the 15^th   day of  January  2015

PRESENT:

SMT.P.RAMADEVI                                         : PRESIDENT

SMT.K.G.BEENA                                          : MEMBER

SMT.SHIBA.M.SAMUEL                               : MEMBER

M. Gafoor,                                                                                          : Complainant

S/o.Late M.M.Abdul Rahiman Haji,

M.M. House, 30^th mile, Thalangara Village & Po,

Kasaragod Taluk.

(In Person)

1 The Manager (Services),                                                             : Opposite parties

   Haier Appliances India Pvt.Ltd, Door No.1577A,

   Thuruthiyil Building, Geethanjali road,

   NH Byepass, Chalikavattom, Vytilla,

   Kochi. 682 019.

  (Exparte)

2 The Haier Appliances India  P. Ltd,B-1/A-1,

   Mohan Co-operative Industrial Estate,

   New Delhi 110 044.

3 Amazonix, Prestige Centre, Near Old Press Club Junction,

   Kasaragod.Po. 671 121.

(Exparte)

                                                                        O R D E R

SMT.K.G.BEENA, MEMBER

                Gist of the complaint is that the complainant Sri.Gafoor purchased a refrigerator for domestic purpose from opposite party No.2 for Rs.40,000/-.  Opposite party No.2 issued warranty card offering 5 years guarantee.  Refrigerator started to show poor performance and defects within  six months of purchase.  Eventhough opposite party No.2 offered prompt service, he charged for every service.  Refrigerator stopped working on September 2013.    It was informed  to opposite party No.2  ultimately during January 2014.  Opposite party No.2 informed that the fridge will be replaced as there is some manufacturing defect, beyond repair since it is during warranty period the opposite parties promised to replace with new one.  But not supplied so far.  Complainant caused to send lawyer’s notice to the manufacturer, service centre and retailer demanding them the supply of fridge as promised.   Due to the gross deficiency in service on the part of opposite parties complainant sustained mental pain and monetary loss.  Hence the complaint for necessary redressal.

2.         Opposite parties 1 & 3 served notice but did not turned up.  Name of opposite parties 1 & 3 called absent set exparte.  Complainant is not seeking any relief from opposite party No.2.

3.         Complainant’s authorized agent, his wife filed proof affidavit.  Exts A1 to A6  were marked.

4.         Complainant and his wife purchased a refrigerator for their domestic purpose for Rs.40,000/- from opposite party No.2.  At the time of purchase opposite party No.2 offered good quality and prompt service for the refrigerator,  and issued a warranty card offering  5 years guarantee for the product. The refrigerator shows poor performance and defects within 6 months of purchase.  Eventhough prompt service is offered by opposite party No.2, after reporting complaints, availed service only after repeated requests and undue delay.  Eventhough 5 years guarantee and free service is offered, they charged for every service.  Ultimately in 2014 January opposite party No.2 informed the complainant that fridge will be replaced as it have some manufacturing defects.  But so far it is not replaced, due to the unfair trade practice and deficiency in service on the part of opposite parties, complainant’s family sustained mental stress and monetary loss.  Complainant produced the bill issued by opposite party No.2 to the complainant on 14-06-2010 after receiving Rs.40,000/- being the price of the refrigerator is marked as Ext.A1.  Warranty card is Ext.A2.  Office copy of the lawyer notice dated 11-01-2014 is marked as Ext.A3.  Exts A4 & A5 are acknowledgement cards.  Ext.A6 is the authorization letter.  The documents Exts A1 & A2 are clear evidences for the purchase of refrigerator from opposite party No.2.  Here  opposite parties 1 and 3  are jointly and severally liable for the difficulties faced by the complainant. But the complainant is not seeking any relief from opposite party No.2.  Hence opposite parties 1 & 3 are jointly and severally liable for the financial loss and mental agony of the complainant.  If opposite parties had a bonafide intention to replace the refrigerator, even after filing complaint also, they can settle the complaint by replacing the refrigerator.  So far they are not ready to replace the refrigerator.  So let them refund the price of the refrigerator.

            In the result, complaint is allowed and opposite parties 1 & 3 are directed to refund Rs.40,000/- with Rs.5,000/- as compensation and Rs.2,000/- cost.  Time for compliance is 30 days from the date of receipt of copy of order.

Sd/-                                                       Sd/-                                                      Sd/-

MEMBER                                                             MEMBER                                                             PRESIDENT

Exts.

A1.15-06-2010 Bill  for an amount of Rs. 40,000/-.

A2.Customer Warranty Card

A3.11-1-2014 Copy of Lawyer notice.

A4.Postal acknowledgment card.

Sd/-                                                                           Sd/-                                                                     Sd/-

MEMBER                                                             MEMBER                                                             PRESIDENT

Pj/