DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Palakkad, Kerala

Dated this the 29^th day of September, 2011

Present: Smt.Preetha. G. Nair, Member

: Smt.Bhanumathi A.K. Member Date of filing:02/05/2011

CC.No. 59/2011

J. Kandasamy,

S/o T.K. Jegadeesan,

36/390, Sethu Bhavan,

Ayodhya Nagar, - Complainant

Near Mercy college,

Palakkad- 678 006

(Party in person)

Vs

1. The Manager,

   Next Retail India Ltd,

   Near Fort Maidan,

   Stadium Byepass Road,

   Palakkad

- Opposite parties

2. The Manager,

   Electro Lux,

14^th Stone,

Aurangabad, Paithan Road,

Chittegaon District,

Aurangabad- 0 401 105

O R D E R

BY SMT. BHANUMATHI.A.K, MEMBER

The complaint in brief:

The complainant had purchased an Electronic Air Conditioner from Next Retail Store on 29/04/2010 and it was out of order in December 2010. Matter was informed to the company and they have inspected the Air Conditioner. After that they have not rectified or replaced the Air Conditioner. The complainant called the

consumer service centre many times, but they keep telling that it will rectified within

one or ten days. So the complainant filed this complaint seeking an order directing the opposite parties to repair the Air Conditioner or replace with a new one or return the amount which had paid as the price of the Air Conditioner.

Even though notice were served the opposite parties did not appear before the Forum and set exparte.

Complainant filed proof affidavit. Exhibits A1 and A2 marked. The commission report was marked as Exhibit C1.

Matter heard:

Issues to be considered are;

1. Whether there is any deficiency of service on the part of opposite party ? If so,

2. What is the cost and relief entitled to the complalainant ?

Issues I & II

The complainant is for getting compensation from the opposite parties for deficiency of service on their part. On 29/04/2010 the complainant had purchased a Electronic Air conditioner from 1^st opposite party for an amount of Rs.13,300/-. Exhibit A1 document reveals the same. Air Conditioner stopped its functioning in the month of December 2010 itself. According to the information given by the complainant the company inspected the Air Conditioner but they have not rectified the defect of the Air Conditioner. Even after the repeated calls made by the complainant the opposite parties did not try anything to solve the grievances of the complainant. Exhibit A2 shows that the Air Conditioner has 1 year warranty. The air Conditioner stopped its functioning in the warranty period itself. So that the opposite parties are bound to rectify the defect occurred to Air Conditioner. According to Exhibit C1, “the display board (Part No. G A L 0805 GK-0102) is not working in the unit. The board completely assembled by the micro chips that's why we can't able to service or replace it by any other persons because the spare we did not get in open market. It can service or replace only through the company service centre”. So it is

clear from the commission report that no person other than the opposite parties can

rectify the defect of the Air Conditioner.

From the above discussions we are of the view that there is deficiency of service on the part of opposite parties in rectifying the defect of the Air Conditioner which occurred in the warranty period itself.

In the result complaint is allowed. Opposite parties are jointly and severally directed to pay an amount of Rs. 13,300/- as cost of the Air Conditioner which already paid by the complainant and Rs. 3,000/- as compensation for mental agony and Rs.2,500/- as cost of the proceedings.

Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of receipt of order till realization.

Pronounced in the open court on this the 29^th day of September, 2011

Sd/-

Smt. Preetha.G.Nair

Member

Sd/-

Smt. Bhanumathi.A.K

Member

A P P E N D I X

Exhibits marked on the side of the complainant

1. Ext. A1- Original of Cash/Credit Memo issued by the opposite party bearing the No. 08095 dated, 29/04/2011.

2. Ext. A2- Electrolux Air Conditioner Installation Manual.

Exhibits marked on the side of the opposite party

Nil.

Witness examined on the side of the complainant

Nil.

Witness examined on the side of the opposite party

Nil.

Cost allowed

Rs. 2,500/- allowed as cost of the proceedings.

Commission Report

C1- Shahbaas.