D.O.F:28/2/14

D.O.O:20/5/14

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                    CC.NO.37/14

                        Dated this, the 20th      day of May  2014

PRESENT:

SMT.P.RAMADEVI            : PRESIDENT

SMT.BEENA K.G               : MEMBER

SMT.SHIBA.M.SAMUEL    : MEMBER

B.R.Kamath,Shreyas,

Near Korakode Temple,                       :          Complainant

Kasaragod.

(Adv.C.Damodaran,Kasaragod)

The Proprietor,

Anuradha Agencies,

Bendichal Bilding,Bank Road,Kasaragod.:      Opposite party

(exparte)

ORDER

SMT.SHIBA.M.SAMUEL    : MEMBER

  The gist of the complainant’s case is that he is  a retired  bank employee purchased a voltas split air conditioner covered  by 5 years  guarantee by paying a sum of Rs.22,200/- along with stabilizer.  After fitting the A/c it was noticed that the leaf was not moving and the same was not working.  Eventhough opposite party agreed to  replace the leaf, the complainant was made to approach opposite party on several occasion.  The leaf was not replaced and hence the complaint.

   Notice to opposite party was duly served but opposite party  failed to appear before the forum and hence  name of the opposite party was called and  set exparte.

  The complainant was examined as PW1 and Exts.A1&A2 were marked.  Ext.A1 is the photocopy of the  cash receipt for an amount of Rs.24,000/- and the service and warranty was  marked as Ext.A2 .  From the facts of the case, it is clear that the complainant could not even used the  air conditioner   at least for one day till last week of April 2014.  The complainant in his old age approached the opposite party on many occasion and that too he is residing very  near to the opposite party’s showroom had to wait for about 4 months to repair the defective air conditioner .  Goodwill of the opposite party is totally depending upon the rendition of  service  after sale.  Here the evidence of PW1 shows that the complainant noticed the manufacturing defect of the air conditioner  on the very same day of purchase and installation .  the opposite party herein failed to give service in time even after repeated request. While going through the affidavit of PW1 the defective air conditioner  was repaired only on April 2014.  Therefore we found that opposite party was negligent and deficiency of service is proved.  In the affidavit, pw1 made clear that he is seeking only the 2^nd and 3^rd reliefs that  compensation for mental agony and cost of the proceedings.

    Under this circumstances  complaint is partly allowed and  the opposite party is directed to pay an amount of Rs.7000/- as compensation for mental agony and pain and cost of Rs.3000/- of this proceedings.  Time for compliance is limited to 30 days from the date of receipt of copy of this proceedings.

Exts:

A1-copy of cash

bill

A2-Copy of warranty booklet

PW1-B.R.Kamath-complainant

MEMBER                                             MEMBER                                   PRESIDENT

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