By. Sri. Chandran Alachery, Member:
The complaint is filed U/s 12 of the Consumer Protection Act 1986, for an Order directing the opposite parties to pay Rs.34,000/- to the complainant the value of Refregerator and stabilizer and the installation charge of Rs.1,350/- and the loss sustained to him.
2. The complainant's case in brief:- On 22.07.2013, the complainant purchased a Samsung RT 26 FARZA (253 Liter Refrigerator) and V Guard Stabilizer from the opposite party No.1 for a total sum of Rs.24,150/-. The Refrigerator became defective about three weeks after its purchase. The complainant informed this problem to the opposite party No.1, the opposite party No.1 directed the opposite party No.2 being the service agent of opposite party No.1 to repair the same and cure the defects. Thus, the opposite party No.2 took the refrigerator for service on 22.10.2013to their shop and promised that it will be repaired and give back within 2 weeks. But the opposite party No.2 did not act as promised. The complainant on several occasions contacted the opposite parties over telephone, but they did not react. The warranty papers are kept with the opposite party No.2. There is deficiency of service on the part of opposite parties, hence this complaint.
3. On receipt of this complaint, Notices were send to the opposite parties and the opposite parties received the Notice on 26.12.2013. But the opposite parties did not appear in Forum on 30.12.2013, 25.01.2014 and 27.01.2014. On 27.01.2014 the Forum set the opposite parties Ex-parte and the complainant was examined as PW1 and Exts.A1 and A2 were marked. The complainant was heard.
4. On perusal of complaint, affidavit and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service on the part of the opposite parties?.
2. Relief and Cost.
5. Point No.1:- In order to prove the case of the complaint, the complainant produced two documents to prove the purchase. Ext.A1 is the Retail Invoice (Original) supplied to the complainant by opposite party No.1 at the time of purchase. Ext.A1 shows the value of purchased articles of Refrigerator and V Guard Stabilizer from the opposite party No.1 on 22.07.2013. Ext.A2 is the receipt of equipment taken for service by the opposite party No.2. Ext.A2 shows that the opposite party No.2 had taken away the defective Refrigerator for service on 22.10.2013. So the purchase of Refrigerator and Stabilizer from the opposite party No.1 and the entrustment of the same for repair to the opposite party No.2 are proved by Exts.A1 and A2 documents. These facts are not challenged by the opposite parties. Since the above facts are unchallenged, there is a presumption as regards to the genuity of complaint is in favour of the complainant. This Forum allowed sufficient time to the opposite parties to appear in Forum and reply to the complaint, the opposite parties did not make use of it. There is nothing to disbelieve the case of the complainant. So the Forum found that there is deficiency of service on the part of the opposite parties. The complainant thus sustained heavy loss and mental agony. So the Point No.1 is found in favor of the complainant.
6. Point No.2:- Since the point No.1 is found in favor of complainant, the complainant is entitled to get the cost and compensation.
In the result the complaint is partly allowed and the opposite parties are directed to pay Rs.24,150/- (Rupees Twenty Four Thousand One Hundred and Fifty) only being the value of Refrigerator and V guard stabilizer with installation charge of Rs.1,350/- (Rupees One Thousand Three Hundred and Fifty) only with 12% of interest from the date of filing of complaint till this date. The opposite parties are also directed to pay Rs.3,500/- (Rupees Three Thousand and Five Hundred) only as compensation and Rs.1,000/- (Rupees One Thousand) only as cost of the proceedings. The Opposite parties No.1 and 2 are jointly and severally liable to pay the above total of Rs.30,000/- (Rupees Thirty Thousand) only to the complainant. The opposite parties are directed to comply the Order within 30 days of receipt of this Order. Thereafter the complainant is entitled to get interest @ 12% per annum for the whole amount of Rs.30,000/- from the date of filing of this complaint till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 26th day of February 2014.
Date of Filing:10.12.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainants:
PW1. E. P. Joy (Chief Affidavit)
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Retail Invoice. Dt:22.07.2013.
A2. Copy of Receipt. Dt:22.10.2013.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
